Mandia v. Applegate

Frank Mandia and Mike Brown (plaintiffs), boardwalk owners, had orally permitted their tenants Applegate and Dagostino (defendants), operating under a 99-year lease barring boardwalk obstruction, to display clothing under a building overhang extending five feet over the boardwalk. Years later, the tenants proposed installing an awning extending eight feet over the boardwalk, prompting the landlords to demand $5,000 compensation for the additional space, a figure both sides agreed was fair rent - but they never finalized a written agreement, and the tenants installed the awning anyway, displaying merchandise without paying extra rent for three seasons. The landlords sued to enjoin the boardwalk use, seek compensation, and have the lease declared forfeited for the obstruction; the trial court found the landlords had waived their right to object to the original overhang display but that the tenants had no right to the new awning space, awarded $5,000 in damages, and declined to find lease forfeiture, and the landlords appealed.