MARION SQUARE CORP. v. KROGER CO.

No. 88-3835.

873 F.2d 72 (1989)

MARION SQUARE CORPORATION, a West Virginia corporation; Marion Associates Limited Partnership, a West Virginia limited partnership, Plaintiffs-Appellants, v. The KROGER CO., an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1989.


Attorney(s) appearing for the Case

Kevin B. Burgess (Hamilton, Mooney, Burgess, Young & Tissue, Oakhill, W. Va., on brief), for plaintiffs-appellants.

Mark A. Swartz (Kevin A. Nelson, Love, Wise & Woodroe, Charleston, W. Va., on brief), for defendant-appellee.

Before ERVIN, Chief Judge, WINTER, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.


PER CURIAM:

Upon statute of frauds grounds, the district judge declined to enforce an agreement for the cancellation of a lease. She thought that the writings exchanged between the parties did not adequately fix the date upon which the cancellation of the lease was to be effective and that they did not sufficiently describe the equipment to be sold. Concluding that neither ground is tenable, we reverse and remand with instructions...

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