Prepare a gold mine lease making y the lessee

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Reference no: EM13866133

X a gold mine owner had his lawyer prepare a Gold Mine Lease making Y the lessee with rights to mine for two years in Alaska for 25% of the gold recovered. X sent the Lease unsigned by X to Y with a note. The note read in it's entirety, "Sign and return ASAP." Y with the knowledge of X started the mining operation and within a couple weeks went to X's office and gave him the signed Lease. X told Y that there was a change to the Lease which prohibited Y from mining any other land during the term of the Lease. Y refused to sign the changed Lease document and continued to mine. X sued Y seeking Y's ejectment from the property and damages. Y counter claimed against X for specific performance of the Lease Y signed and returned to Y along with damages for Y's alleged breach of that Lease. Was a Lease formed? Was there a valid defense on the part of Y under the Statute of Frauds if the parties had formed a Lease via offer, acceptance and consideration?

Reference no: EM13866133

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