Arthur Bressman (coplaintiff), an experienced businessman, retained the Berg Agency (the agency) (coplaintiff) to locate a lessee for his commercial property. The agency presided over negotiations between Bressman and Seymour Lustig, another experienced businessman, who drafted and signed a memorandum on behalf of his company, Sleepworld-Willingboro, Inc (company) (defendant), to lease Bressman’s property. The memorandum outlined the terms of a lease agreement, including special provisions to accommodate both parties’ wishes. The memorandum stipulated that the parties would draw up and sign a more formal contract later. Bressman indicated in writing that he agreed to Lustig’s terms. The next day, however, Lustig changed his mind and renounced his letter. Bressman and the agency sued the company for breach of contract. The trial court entered judgment for Bressman and the agency, awarding damages to Bressman for his out-of-pocket expenses and to the agency for its lost commission. The company appealed to the state superior court.