Joseph Martin, Jr. Delicatessen v. Schumacher

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Jump to navigationJump to search

Joseph Martin, Jr. Delicatessen v. Schumacher, 52 N.Y.2d 105, 436 N.Y.S.2d 247, 417 N.E.2d 541. (N.Y. App. Ct. 1981).

Facts: Original lease had a provisions that after five years, the lease could be renewed with a rent amount to be agreed upon. Five years into the lease, the parties could not agree upon a new rent amount.

Issue: Are both parties required to come to the bargaining table and agree upon a new rent amount?

Holding: No, there is no such enforceable clause.

Rule: An "agreement to agree" is not enforceable.