Pop’s Cones, Inc. v. Resorts International Hotel, Inc

Facts

In May or June of 1994, Plaintiff began discussions with defendant regarding the possibility of Plaintiff relocating its business to a location owned by Defendant. The parties specifically discussed a property that at the time was being leased by “The Player’s Club.” Following the initial discussions, Defendant allowed Plaintiff to operate a vending cart free of charge for the summer of 1994 to test how well the business might do in that location. Plaintiff obtained permission from its franchisor for relocation of its business and a representative of the franchisor later visited the Player’s Club location with representatives of Plaintiff Defendant. In August of 1994, Plaintiff drafted a proposal and delivered it to Defendant. In late September 1994, Plaintiff twice contacted Defendant to determine the status of their deal. Plaintiff requested that Defendant decide before October 1, 1994, because Plaintiff would have to give notice to its current landlord. During the second Se ptember call, Defendant advised Plaintiff that the deal would have little difficulty going through and Plaintiff should give notice to its current landlord. Relying on Defendant’s statements Plaintiff gave notice and in October moved its equipment into storage. Plaintiff also sent designs to its franchisor and retained an attorney in preparation for moving to the new location. In November, Defendant sent Plaintiff’s attorney a proposed form of lease. The following month Defendant sent a written offer but the letter included the language that it was not intended to be binding. Plaintiff and Defendant met, but Defendant asked to postpone the finalization of the lease until after the first of the next year. Plaintiff made several attempts in January to contact Defendant regarding the status of the lease. Eventually Defendant informed Plaintiff that the lease offer was withdrawn. Due in part to the previous location having already been re-let, Plaintiff was unable to find a suitable location and reopen until July. Plaintiff sued for damages resulting from their reliance on Defendant’s promise. The trial court granted Defendant’s motion for summary judgment. In the present case, Plaintiff is appealing the granting of summary judgment.