Appeal, No. 37, March T., 1964, from judgment of Court of Common Pleas of Allegheny County, April T., 1958, No. 510, in case of Edward G. Nakles and Sara Nakles v. Union Real Estate Company of Pittsburgh. Judgment reversed; reargument refused November 9, 1964.
David R. Levin, for appellant.
Paul E. Moses, for appellees.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE O'BRIEN
Appellees operated a restaurant in Connellsville, Pennsylvania. Around the end of July, 1957, they were given notice to vacate their premises, whereupon
they began a search for a new location. They found a storeroom for rent in the Connellsville Shopping Center and, responding to a sign in the window, contacted A. J. Aberman, the President of the appellant corporation.
After the initial contact, there began a series of negotiations and correspondence out of which this case arose. The chronological sequence of these negotiations and the correspondence is as follows:
At the first meeting, appellant indicated a rental demand of $465 per month; this demand was rejected by appellees. At a second meeting between Nakles and Aberman during the early part of August, 1957, appellant reiterated its asking price of $465. On August 16, 1957, another meeting was held, and the parties agreed on $275 per month for five years. At the August 16th meeting, the parties shook hands and agreed. Nakles paid one month's rent by check bearing the notation "1st month's Rent re Connellsville Shopping Center". The receipt of Union Real Estate bore a similar notation. This oral agreement was then to be reduced to a writing. The same day as the meeting, Union Real Estate Company sent appellees three copies of the lease and a plan of the dimensions of the demised premises. Appellees signed and returned the leases to Union. On August 20, 1957, Union Real Estate wrote a letter to the William Delp Company, a firm which was to design and furnish the restaurant, in which it stated that it was enclosing a plan of the storeroom Mr. Nakles "is renting" in the Connellsville Shopping Center.
On August 31, 1957, one day before the lease was to take effect, Union Real Estate Company wrote the appellees, indicating its regret that it was ...