From our private database of 28,500+ case briefs...
Gianni v. R. Russell & Co.
Pennsylvania Supreme Court
281 Pa. 320, 126 A. 791 (1924)
Frank Gianni (Gianni) (plaintiff) rented a room in an office building where he conducted a business selling tobacco, fruit, candy and soft drinks. After R. Russell & Co. (Russell) (defendant) acquired the office building, its agents entered into leasing negotiations with Gianni with regard to Gianni's continued rental of the room. A lease was signed for a three-year term and provided that Gianni could use the premises only for the sale of fruit, candy and soda water, but could not use it to sell tobacco. There was no stipulation in the lease that Gianni had an exclusive right to sell soft drinks in the building. Shortly after the lease was signed, Russell leased a room, adjoining Gianni's room, to a drug company without restricting its right to sell soda water and soft drinks. Gianni commenced an action against Russell for breach of an alleged oral contract alleging that the drug company's sale of these beverages had greatly reduced his revenue. Gianni contended in the action and offered the testimony of a witness at trial that several days prior to the execution of the lease Russell's agent made an offer, which he accepted, that he would have the exclusive right to sell soda water and soft drinks. Gianni did not produce a witness to support his contention that this offer was repeated at the time the lease was executed. Russell's agents denied making any such offer either prior to or at the execution of the lease. The trial court entered judgment for Gianni. Russell appealed.
Rule of Law
Holding and Reasoning (Schaffer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 545,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 545,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.