In 1919, Pasha Patel owned several acres of land in the UpperPeninsula of Michigan. Half a pond was located on Patel's land. Theother half of the pond was located on land owned by BrookeBrookhaven. For a small consideration, Patel Transferred the rightto cut ice on her side of the pond each winter to Fred Xavier. Thecontract was oral and supposed to last for the next five winters.Each day from early from early October to late March, Xavier wouldcut the ice and remove it. He would carefully carve the ice intolarge cubes that fit perfectly into the ice boxes located in therental cabins dotting the Upper Peninsula. He then sold the ice tothe cabin renters. one summer Brookhaven drained her part of thepond. In october, this action meant that ice was sparse, and whatwas available was sunk into the mud at the bottom of the lake andthus unusable for carving and sale. Xavier brought suit againstBrookhaven, agruing that her action in draining the lake made hisinterest in the property worthless. The court asked for a copy ofthe written contract transferring the right to cut the ice toXavier. When Xavier could not produce one, the judge dismissed thecase. What will be the result of the case at this point?Explain.
