Logourl black
From our private database of 14,200+ case briefs...

Crossman v. Fontainebleau Hotel Corp.

United States Court of Appeals for the Fifth Circuit
273 F.2d 720 (1959)


Facts

In January 1955, women’s dress-shop owner Florence Lustig Crossman (plaintiff) was asked by Fontainebleau Hotel Corp. (Fontainebleau) (defendant) to open a dress shop in Fontainebleau’s new Miami hotel. The parties orally agreed on the terms of a lease. To help the hotel establish shopping for guests quickly, Crossman agreed to move in immediately, before the execution of the formal lease. Crossman took possession of the premises, spent $50,000 on fixtures and improvements, and gave the hotel $5,000 as a good faith deposit. After Crossman began improvements, Fontainebleau provided a written lease that Crossman alleged was not in accordance with the parties’ original oral agreement. Crossman’s husband and a hotel representative each penciled in changes to the lease, and both parties’ representatives approved the changes. Fontainebleau’s representative said that he would take the lease back to the hotel’s attorneys for redrafting, but Crossman never received an updated lease. Nevertheless, Crossman occupied the premises and began paying rent on March 1, 1955. In July 1958, Crossman notified Fontainebleau that she wished to exercise her option under the lease to renew the lease term. Fontainebleau denied that Crossman had an option to renew and demanded Crossman return the premises no later than September 1959. Crossman sued Fontainebleau, seeking a declaration that the lease had a renewal clause. Fontainebleau moved to dismiss, arguing that the entire lease was invalid, because it violated the Florida statute of frauds. Crossman responded that her possession of the property, payment of rent, and expenditure on improvements made the statute of frauds inapplicable to this lease. The district court found for Fontainebleau. Crossman appealed.

Rule of Law

Issue

Holding and Reasoning (Wisdom, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.