Kridel (defendant) signed a two year lease with Sommer (plaintiff) and paid the first month’s rent and the security deposit. However, before Kridel was expected to move in, he wrote a letter to Sommer stating that his engagement had broken off and as a result he would no longer have the money to pay the rent. During the lease term a third party inquired about and was ready and willing to lease Kridel’s vacant unit, but Sommer told them that the unit was already rented to Kridel. Sommer did not show the apartment to anyone else until over a year after he received the letter from Kridel. Sommer brought suit against Kridel seeking rent for the entire two years of the lease. The trial court found in favor of Kridel. The New Jersey Superior Court, Appellate Division reversed. The Supreme Court of New Jersey granted certification. Riverview Realty Co. v. Perosio, 350 A.2d 517 (1977) was a companion case included in the decision.