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Contracts Keyed to Dawson
Gianni v. R. Russell & Co.
Facts
Plaintiff had rented space in an office building in which he ran a store selling tobacco, fruit, candy and soft drinks. Defendant purchased the office building and its agent negotiated a new lease with Plaintiff. The new lease stated that Plaintiff is to use the premises only for the sale of fruit, candy, and soft drinks, but Plaintiff was expressly not permitted to sell tobacco. Plaintiff argues that in exchange for the promise not to sell tobacco, Defendant granted him the exclusive right to sell soft drinks in the building. This provision was never memorialized in the written lease. Subsequently, Defendant leased the adjoining space to a drug company that began to sell soft drinks. After Plaintiff’s sales of soft drinks were reduced, Plaintiff sued for breach of the oral agreement.
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