Pop’s Cones, Inc. v. Resorts International Hotel, Inc.

Pop’s Cones, Inc. v. Resorts International Hotel, Inc.

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Contracts 9/15 Mutual Assent Pop’s Cones, Inc. v. Resorts International Hotel, Inc., NJ Appellate Division, 1998 Facts : Pop’s is a franchisee of TCBY. Resorts is a casino hotel that leases retail space along “prime Boardwalk frontage.” In May/June 1994, Brenda Taube (President of Pop’s) and Marlon Phoenix (Executive Director of Business Development and Sales for Resorts) had a number of discussions about the possible relocation of Pop’s to space owned by Resorts. There were 3 specific locations for a full TCBY store and one for a vending cart within the Resort. Resorts was “very anxious to have Pop’s as a tenant” and would modify rent prices to accommodate them. Pop’s was allowed to operate a vending cart free of charge inside the hotel to test traffic. After TCBY inspected the location, Taube drafted a proposal offering Resorts 7% of net monthly sales and if this proposal is acceptable, she’d need a 6 year lease, and a renewable option for another 6 years. Taube further instructed Phoenix that she needed an
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Pop’s Cones, Inc. v. Resorts International Hotel, Inc.

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