Baseball Publishing Co. v. Bruton

302 Mass. 54, 18 N.E.2d 362, 119 A.L.R. 1518 (1938)

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Nature of the Case

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Facts

The plaintiff (P) was in the business of providing billboard space for advertisers. P entered into an agreement with the owner of a building (D), giving P 'the exclusive right and privilege to maintain an advertising sign' on a wall of D's building. According to the writing executed by the parties, such right was to extend for one year and could be renewed for year to year for a four-year period afterward. The writing was entitled 'Lease No. ____. Although D accepted the writing, P's check for payment of the first year was returned. P erected the advertising sign on D's building and maintained it for over two years. D returned two other checks sent to him by P pursuant to their agreement, and after two years, caused the sign to be removed. P sued for specific performance, arguing that the agreement was a lease. The lower court found that the agreement was a contract to give license, but ordered specific performance. D appeals.