Gianni v. R. Russell & Co.

Gianni (plaintiff) leased space to sell fruit, candy, and soda water (but not tobacco, per the written lease) from Russell (defendant), and claimed that days before signing, Russell's agent had orally promised him the exclusive right to sell soda water and soft drinks in the building -- a promise not repeated at signing and not included in the written lease, which said nothing about exclusivity. When Russell later leased an adjoining space to a drug company without restricting its beverage sales, Gianni sued for breach of the alleged oral exclusivity agreement; the trial court entered judgment for Gianni, and Russell appealed.