Contracts Keyed to Calamari
Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher
Facts
The Defendant, Schumacher (Defendant), leased a retail location to the Plaintiff, Joseph Martin, Jr., Delicatessen, Inc. (Plaintiff), for a term of five-years, on a graduated rent scale. Within the lease agreement was a renewal clause, which allowed for future rent, “to be agreed upon.” The Plaintiff desired to renew its lease, but the landlord would not agree upon a reasonable rent. Plaintiff brought suit for specific performance, to compel its landlord to extend the lease at a reasonable rate. At the trial level, the Defendant prevailed with a finding that no definite agreement to renew exists, if the parties could not agree upon the terms. The Plaintiff prevailed at the appellate level and the Defendant appealed to the Court of Appeals.
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