GIANNI V. R. RUSSELL &CO., INC.
126 A. 791 (1924)
NATURE OF THE CASE: Russell (D), lessor, sought review of a judgment which awarded Gianni
(P), lessee, damages for D's breach of an oral contract allegedly entered into just prior to
the signing of the lease.
FACTS: Gianni (P) had a store in an office building where he sold tobacco, fruit, candy,
and soft drinks. Russell (D) acquired the building and negotiated a new lease with P. The
new lease expressly prohibited P from selling tobacco. The lease was read to P by two
persons. P accepted the lease because D orally gave him the exclusive right to sell soft
drinks in the building. That oral promise was not included in the writing. D then leased
space to a drug company which moved in next to P. The drug company was not restricted in the
sale of soft drinks. P sued to uphold the purported exclusive right. P called one witness
who said he heard D's agent say to P, at a time admittedly several days before the execution
of the lease, that he would have the exclusive right to sell soda water and soft drinks, to
which the latter replied if that was the case he accepted the tenancy. P produced no witness
who was present when the contract was executed to corroborate his statement as to what then
occurred. D's agent denied that any such agreement was made. P was granted relief. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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