Concession stand between parties and signed by both parties

Assignment Help History

Reference no: EM133843966

Assignment:

Jane and shots of tequila. Delta Dawn bought the Arena and had her agent Solo renegotiate ther wine ssion agreement with Jason. Solo negotiated with Jason a new agreement for three years, it contained a provision that Jason could only sell beer and wine with the further stipulation that it is understood that Jason could not sell shots of tequila or any other hard liquor under penalty of termination of the agreement. The document was prepared following a discussion about the concession stand between the parties and signed by both parties.

Just before Hockey season began, Ms. Dawn entered into another concession agreement with Megan Malloy. Megan quickly set up a concession stand selling Irish stew and soft drinks. Halfway through the season Megan began selling beer and wine.

Jason upset with the competition sued Delta Dawn claiming it was orally agreed upon that in consideration for his promise not to sell shots of tequila, paying an increased rent and for entering into the agreement as a whole he was given the exclusive right to sell beer and wine. No such stipulation is contained in the written lease in fact Jason stated he did not even read the agreement before signing.

Jason's evidence was to the effect that the oral agreement had been made at least two days, possibly longer, before the signing of the agreement and that it was repeated at the time he signed; that relying upon it he executed the lease. Jason also stated that he thought a similar agreement was in place with the concession person at the waterfront baseball field, which is also owned by Delta Dawn.

Ms. Dawn's agent denied that any such agreement was made, either preliminary to or at the time of the execution of the lease.

You have been asked by the Judge to write a brief memo advising him as to a possible ruling in the case. In your memo the Judge asked you to address the following issues: Can the Jason present evidence of an earlier oral agreement with the defendant to show that he had the exclusive right to sell beer and wine? Why or why not?

Reference no: EM133843966

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