JOSEPH MARTIN, JR DELICATESSEN, INC. V. SCHUMACHER
52 N.Y.2d 105, 417 N.E.2d 541 (1981)
NATURE OF THE CASE: This was an appeal from a judgment reversing a grant of specific
performance.
FACTS: Schumacher (D) leased a store to Martin (P). The lease provided that P was
entitled to renew the lease for an additional five-year term at a rental rate to be agreed
upon. P gave notice to D to exercise the renewal provision. D quoted a price of $900 a
month. P hired an appraiser who indicated that a fair market value for the store was $545.41
a month. P sued for specific performance. D sued for eviction and won; the lease provision
was an agreement to agree and was not enforceable. The appellate court reversed and held
that P should be allowed to prove whether a binding agreement was intended by the parties.
The appellate ruling overturned established precedent. The question was certified to the
court of appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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