· 12/11/1984
R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.
Citations
- 751 F.2d 69
- 1984 U.S. App. LEXIS 16001
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that no contract existed, in part because defendant’s counsel incorrectly believed that issue of potential franchisee’s territorial limitations had been settled, thus leaving an important term open
- finding that a franchise agreement requiring an initial investment of $2 million “is the type of agreement where it would be unusual to rely on an oral understanding”
- discussing that the history of the negotiations made it plain that the 14 promise or agreement were “conditional upon the signing of a written contract”
- finding that parties had intended to be bound only by written contract, notwithstanding statement by defendant franchisors’ representative over telephone to would-be franchisee that the parties had reached a “handshake agreement.”
- noting that it certainly could have been of no “surprise” to a potential franchisee that any franchise agreement be formal and “in writing and signed” due to the complexity of the contract and the amount of money at stake
- rejecting promissoiy estoppel claim where alleged promisor indicated agreement conditioned on signing of written contract
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Oakes, Pratt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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