Pop's Cones, Inc. v. Resorts International Hotel, Inc.
Superior Court of New Jersey
704 A.2d 1321 (1998)
During lease negotiations to relocate her TCBY franchise into Resorts International Hotel's (defendant) space, Pop's Cones president Taube was told by Resorts's representative Phoenix that the deal was "95% there" and to "pack up the Margate store and plan on moving"; relying on this, Pop's Cones (plaintiff) declined to renew its existing lease, moved its equipment into storage, hired an attorney, and began planning the relocation, only for Resorts to withdraw its offer months later, leaving Pop's Cones unable to reopen for several months. Pop's Cones sued under promissory estoppel, and the trial court granted Resorts summary judgment.
Whether one may enforce a promise even though the parties have not entered into a contract.