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Contracts Keyed to Burton
Gianni v. R. Russel & Co.
Citation:
281 Pa. 320, 126 A. 791Facts
Gianni (plaintiff) rented a space in a building, in which he operated a store that sold tobacco, fruit, candy, and soft drinks. R. Russel & Company (hereinafter “Russel”) (defendant) bought the building where Gianni’s store was located. Gianni negotiated a lease with Russel for three years. The lease agreement stated that Gianni could only use the premises for the sale of fruit, candy, soda water, etc. There was a provision that expressly stated Gianni could not use the premises to sell tobacco. Gianni alleged that, in return for the ban on the sale of tobacco, he and Russel had an oral agreement whereby Gianni would have the exclusive right to sell soft drinks in the building. Gianni also stated that this oral agreement was made two days before the written lease agreement was executed. Russel, however, leased the adjoining space to Gianni’s store to a drug company that sold soda water and soft drinks. Gianni sued Russel for breach of the alleged oral agreement.
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