Nature of the Case
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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.
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