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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.