(dissenting).
I respectfully dissent. The majority statement that evidence supports a conclusion that the lease was intended to extend only to the restaurant structure is pure conjecture. The description of the premises in the lease, without the drawing which “more particularly described” the parcel being covered by the agreement, is totally insufficient to describe the extent of the lease. The description given is:
That portion of Lots 5 through 18 in Block 2 of P.A. Greene’s Addition to the Town (now City) of Royalton, Minnesota (Parcel formerly occupied by Pearson’s Grocery Store, more particularly described on drawing attached hereto).
The “Parcel formerly occupied by Pearson’s Grocery Store,” is qualified by the clause “more particularly described on drawing attached hereto.” There is no drawing. The description does not say the building or structure formerly occupied by Pearson’s Store, it says “parcel.”
The majority accurately states that Red Fox and Miller proposed to rent the remodeled building and whatever portion of the adjacent parking lot was necessary to operate the restaurant. Although Red Fox and its sublessee operated the restaurant for a period without disagreement over what the description included, the present construction of the leased premises effectively eliminates further assignment or use of the leased premises. Parking space is not covered by the trial court’s and majority’s construction. This building is in Roy-alton, adjacent to Minnesota Highway 10, a major North-South arterial highway. It would be unreasonable and illogical to suppose that Pearson’s grocery store could have done business adjacent to Highway 10 without parking. Parking was intended by the parties here and is necessary to operation of the restaurant. The trial court found that “the premises adjoining and to the south of the leased premises were *924owned by plaintiff and used as a gas station, grocery convenience store and motel; entrances, exits and parking space were used in common by both parties.” Minn. Stat. 513.05, Leases; contracts for sale of lands, provides:
Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void unless * * * in writing.
If the trial court’s finding is upheld, Red Fox and Miller are liable on a lease they cannot use or sublet because the building is useless without parking, and any agreement on parking not covered by the lease is void under the statute of frauds. Without the drawing, we don’t know what parcel was formerly occupied by Pearson’s Grocery or what parcel is subject to tax. I would reverse.