Bender v. Design Store Corp., 404 A.2d 194 (D.C. 1979). · Go Syfert
Bender v. Design Store Corp., 404 A.2d 194 (D.C. 1979). Cases Citing This Book View Copy Cite
79 citation events (58 in the last 25 years) across 5 distinct courts.
Strongest positive: Casanova v. Marathon Corporation (dcd, 2010-06-03)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Casanova v. Marathon Corporation
D.D.C. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
first, was there a promise? second, should the promisor have expected the promisee to rely on the promise: and 11 did the promisee so rely to his detriment? finally, would injustice result from a failure to enforce the promise?
discussed Cited as authority (quoted) Steele v. Fannie Mae (2×) also: Cited as authority (rule)
D.D.C. · 2015 · quote attribution · 1 verbatim quote · confidence low
he's not being terminated due to an incomplete 1-9.
cited Cited as authority (rule) Medley v. District of Columbia
D.D.C. · 2026 · confidence medium
Cir. 2009) (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979)).
discussed Cited as authority (rule) Gupta v. 2ndwave LLC
D.D.C. · 2026 · confidence medium
And “though a promise need not be as specific and definite as a contract, it must still be a promise with definite terms on which the promisor would expect the promisee to rely.” Id. (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979)).
discussed Cited as authority (rule) Bullock v. Hana Security Services
D.D.C. · 2024 · confidence medium
In the District of Columbia, “to hold a party liable under the doctrine of promissory estoppel, ‘there must be a promise which reasonably leads the 5 promisee to rely on it to his detriment, with injustice otherwise not being avoidable.’” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979) (quoting Solway Decorating Co. v. Merando, Inc., 240 A.2d 361, 362 (D.C. 1968)).
discussed Cited as authority (rule) Brown v. Trinity Washington University
D.D.C. · 2023 · confidence medium
Under D.C. law, “to hold a party liable under the doctrine of promissory estoppel there must be a promise which reasonably leads the promisee to rely on it to his detriment, with injustice otherwise not being avoidable.” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979) (cleaned up).
discussed Cited as authority (rule) Ray v. Clh New York Ave, LLC (2×) also: Cited "see"
D.D.C. · 2021 · confidence medium
Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979). “[FJor purposes of estoppel, a promise need not be as specific and definite as a contract.” Jd.
cited Cited as authority (rule) Butler v. Augustine
D.D.C. · 2020 · confidence medium
Cir. 2009) (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979)).
discussed Cited as authority (rule) Alemayehu v. Abere
D.D.C. · 2018 · confidence medium
While the promise must have “definite terms on which the promisor would expect the promisee to rely,” it “need not be as specific and definite as a contract.” Id. (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979)).
discussed Cited as authority (rule) Alemayehu v. Abere
D.D.C. · 2016 · confidence medium
The promise must also have “definite terms on which the promisor would expect the promisee to rely,” although the promise “need not be as specific and definite as a contract.” Id. (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979)).
discussed Cited as authority (rule) Said v. National Railroad Passenger Corporation
D.D.C. · 2016 · confidence medium
The Court can only permit leave to amend the complaint to add the promissory estoppel claim if it can be plausibly inferred that there was: (1) a promise; (2) a reasonable reliance upon that promise; and (3) that reliance led “to the detriment of the promisee.” Simard v. Resolution Trust Corp., 639 A.2d 540, 552 (D.C. 1994) (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979)).
examined Cited as authority (rule) Headfirst Baseball LLC v. Elwood (3×) also: Cited "see"
D.D.C. · 2016 · confidence medium
However, as a matter of law, there is no sufficiently definite promise on which this count can survive. “[T]o find a party liable on a theory of promissory estoppel, there must be evidence of a promise, the promise must reasonably induce reliance upon it, and the promise must be relied upon to the detriment of the promisee.” Simard v. Resolution Trust Corp., 639 A.2d 540, 552 (D.C.1994) (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979)). “[A] *248 promise is ‘an expression of intention that the promisor will conduct himself in a specified way or bring about a specified…
discussed Cited as authority (rule) Berlin v. Bank of America, N.A.
D.D.C. · 2015 · confidence medium
In the District, “[promissory estoppel provides a party with a remedy to enforce a promise where the formal requirements of a contract,” such as consideration, “have not been satisfied.” Vila v. Inter-American Investment, Corp., 570 F.3d 274, 279 (D.C.Cir.2009) (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979)).
discussed Cited as authority (rule) Smith v. Henderson
D.D.C. · 2013 · confidence medium
Even if Plaintiffs mean to rely on promissory estoppel, which does not require explicit acceptance or consideration, there must still “be a promise which reasonably leads the promisee to rely on it to his detriment, with injustice otherwise not being avoidable.” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979) (internal quotation marks omitted).
discussed Cited as authority (rule) Ascom Hasler Mailing Systems, Inc. v. United States Postal Service
D.D.C. · 2012 · confidence medium
It is *190 an “inherently equitable doctrine,” Moss v. Stockard, 580 A.2d 1011, 1035 (D.C.1990), and may be invoked “only when ‘injustice otherwise [would] not [be] avoidable.’ ” Kauffman v. International Bhd. of Teamsters, 950 A.2d 44 , 49 n. 7 (D.C.2008) (quoting Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979)).
discussed Cited as authority (rule) Osseiran v. International Finance Corp.
D.D.C. · 2012 · confidence medium
Fund, 190 F.3d 556, 565 (D.C.Cir.1999) (“Although ‘for purposes of estoppel, a promise need not be as specific and definite as a contract, ... in the final analysis there must be a promise’ — and it must be more than merely a promise to ‘bargain in good faith.’ ”) (quoting Bender v. Design Store Corp., 404 A.2d 194, 196-97 (D.C.1979)).
discussed Cited as authority (rule) Wilson v. Cox (2×)
D.D.C. · 2011 · confidence medium
Id. (citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979)).
cited Cited as authority (rule) Farouki v. Petra International Banking Corp.
D.D.C. · 2011 · confidence medium
The theory may only be invoked when “injustice otherwise [would] not [be] avoidable.” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
cited Cited as authority (rule) Farouki v. Petra International Banking Corporation
D.D.C. · 2011 · confidence medium
The theory may only be invoked when “injustice otherwise [would] not [be] avoidable.” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979).
discussed Cited as authority (rule) Myers v. Alutiiq International Solutions, LLC
D.D.C. · 2011 · confidence medium
And although a promise “need not be as specific and definite as a contract, it must still be a promise with definite terms on which the promisor would expect the promisee to rely.” Id., citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979).
discussed Cited as authority (rule) Myers v. Alutiiq International Solutions, LLC
D.D.C. · 2011 · confidence medium
And although a promise “need not be as specific and definite as a contract, it must still be a promise with definite terms on which the promisor would expect the promisee to rely.” Id., citing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
examined Cited as authority (rule) Vila v. INTER-AMERICAN INVESTMENT CORPORATION (4×)
D.C. Cir. · 2009 · confidence medium
Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
discussed Cited as authority (rule) Vila v. Inter-American Investment Corp. (2×)
D.C. Cir. · 2009 · confidence medium
Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
cited Cited as authority (rule) Kauffman v. International Brotherhood of Teamsters
D.C. · 2008 · confidence medium
Further, the theory may be invoked only when "injustice otherwise [would] not [be] avoidable.” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
discussed Cited as authority (rule) In Re US Office Products Co. Securities Litigat. (2×)
D.D.C. · 2003 · confidence medium
Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979) (citing Granfield, 530 F.2d at 1040); D’UlisseCupo, 520 A.2d at 221 .
discussed Cited as authority (rule) In Re US Office Products Co. Securities Lit. (2×)
D.D.C. · 2003 · confidence medium
Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979) (citing Granfield, 530 F.2d at 1040).
discussed Cited as authority (rule) Robinson v. Detroit News, Inc.
D.D.C. · 2002 · confidence medium
“We agree that, for purposes of estoppel, a *108 promise need not be as specific and definite as a contract, ... but in the final analysis there must be a promise.” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
discussed Cited as authority (rule) Howard University v. Good Food Services, Inc. (2×) also: Cited "see"
D.C. · 1992 · confidence medium
In general, to “hold a party liable under the doctrine of promissory estoppel there must be a promise which reasonably leads the promisee to rely on it to his [or her] detriment, with injustice otherwise not being avoidable.” Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979) (quotations and cites omitted); accord Moss v. Stockard, 580 A.2d 1011, 1034 (D.C.1990).
cited Cited "see" Plesha v. Ferguson
D.D.C. · 2010 · signal: see · confidence high
See Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
discussed Cited "see" Plesha v. Ferguson
D.D.C. · 2010 · signal: see · confidence high
See Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C. 1979). -6- Because both promissory estoppel and unjust enrichment presuppose that an express, enforceable contract is absent, District of Columbia courts generally prohibit litigants from asserting these claims when there is an express contract that governs the parties’ conduct.
cited Cited "see" Casanova v. Marathon Corp.
D.D.C. · 2010 · signal: see · confidence high
See Bender v. The Design Store Corp., 404 A.2d 194 ,195—96 (D.C.1979) (“First, was there a promise?
cited Cited "see" Citicorp Real Estate, Inc. v. PWA, Inc. (In Re Georgetown Building Associates, Ltd. Partnership)
D.D.C. · 1999 · signal: see · confidence high
See Bender v. Design Store Corp., 404 A.2d 194 , 196 n. 1 (D.C.1979)(quoting Restatement of Contracts § 90 (1932)).
discussed Cited "see" Novecon Ltd. v. Bulgarian-American Enterprise Fund
D.C. Cir. · 1999 · signal: see · confidence high
In light of the plain language of these letters, and BAFF’s own characterization of its offer, we agree with the district court’s conclusion that “BAEF extended only an ‘offer to negotiate,’ ” and that when Novecon accepted that offer on June 3rd it created “nothing more than an agreement to continue negotiations.” 967 F.Supp. at 1389 ; see generally Bender v. Design Store Corp., 404 A.2d 194, 197 (D.C.1979) (“All that was promised was that appellee would bargain in good *565 faith.”).
discussed Cited "see" Novecon, Ltd. v. Bulgarian-American Enterprise Fund (2×)
D.D.C. · 1997 · signal: see · confidence high
See Bender v. The Design Store Corp. 404 A.2d 194, 196 (D.C.1979).
discussed Cited "see" Bible Way Church of Our Lord Jesus Christ of Apostolic Faith of Washington v. Beards
D.C. · 1996 · signal: see · confidence high
See Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979) (promissory estoppel requires evidence of promise, promise must reasonably induce reliance upon it, and promise must be relied on to detriment of promisee). 8 .
examined Cited "see" Simard v. Resolution Trust Corp. (5×)
D.C. · 1994 · signal: see · confidence high
See Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979) (citation omitted). “[Demonstration of a promise is a prerequisite to invocation of the doctrine of promissory estoppel.” United States Jaycees v. Bloomfield, 434 A.2d 1379, 1384 (D.C.1981) (citing Bender, supra, 404 A.2d at 195 ).
discussed Cited "see" Moss v. Stockard
D.C. · 1990 · signal: see · confidence high
The judge concluded that the jury reasonably could have found the defendants “were es-topped from denying the existence of a contract for the 1981-82 season.” Thus, the judge did not enforce Moss’s promise to renew for that season as a formal contract, but rather on a theory of promissory estop-pel. “[T]o hold a party liable under the doctrine of promissory estoppel ‘there must be a promise which reasonably leads the promisee to rely on it to his detriment, with injustice otherwise not being avoidable.’ ” Solway Decorating Co. v. Merando, Inc., 240 A.2d 361, 362 (D.C.1968) (citat…
cited Cited "see" Federal Ins. Co. v. Thomas W. Perry, Inc.
D.D.C. · 1986 · signal: see · confidence high
See Bender v. The Design Store, 404 A.2d 194, 195-96 (D.C.1979); see also Restatement (Second) of Contracts, § 90 (1981); Williston, Contracts, § 140 (3rd ed. 1957).
cited Cited "see" United States Jaycees v. Bloomfield
D.C. · 1981 · signal: see · confidence high
See Bender v. Design Store, D.C.App., 404 A.2d 194, 195 (1979).
discussed Cited "see, e.g." Intelect Corporation v. Cellco Partnership Gp
D.D.C. · 2016 · signal: see also · confidence medium
To state a claim for promissory estoppel, a plaintiff “must show (1) a promise; (2) that the promise reasonably induced reliance on it; and (3) that the promisee relied on the promise to his or her detriment.” Myers v. Alutiiq Int’l Solutions, LLC, 811 F.Supp.2d 261, 272 (D.D.C.2011) (citing Simara v. Resolution Trust Corp., 689 A.2d 540 , 552 (D.C. 1994); see also Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979).
discussed Cited "see, e.g." Bond v. U.S. Department of Justice
D.D.C. · 2011 · signal: see also · confidence medium
Perry, Inc., 634 F.Supp. 349, 352-53 (D.D.C.1986) (emphasis added); see also Kauffman v. Int’l Bhd. of Teamsters, 950 A.2d 44 , 49 n. 7 (D.C. 2008) ("finding that the theory of promissory estoppel may be invoked only when 'injustice otherwise [would] not [be] avoidable.’ ”) (cit *81 ing Bender v. Design Store Corp., 404 A.2d 194, 196 (D.C.1979)).
cited Cited "see, e.g." MBA, Inc. v. VNU Amvest, Inc. (In Re MBA, Inc.)
Bankr. E.D. Va. · 1985 · signal: see also · confidence low
Id.; see also, Bender v. Design Store Corp., 404 A.2d 194 (D.C.App.1979).
Retrieving the full opinion text from the archive…
Morton A. BENDER Et Al., Appellants,
v.
the DESIGN STORE CORPORATION, Appellee
13734.
District of Columbia Court of Appeals.
Jul 23, 1979.
404 A.2d 194
1979 D.C. App. LEXIS 427
Arthur R. Goldberg, Chevy Chase, Md., with whom Leonard C. Greenebaum, Chevy Chase, Md., was on the brief, for appellants., Burton A. Schwalb, Washington, D. C., with whom Allen V. Farber, Washington, D. C., was on the brief, for appellee.
Kelly, Kern, Gallagher.
Cited by 48 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: District of Columbia (1)
KELLY, Associate Judge:

Appellants sought in the trial court to enforce appellee The Design Store’s alleged promise to lease certain commercial space from them, a promise on which they claimed they relied to their detriment. Summary judgment was granted in favor of appellee. Appellants challenge the trial court’s judgment as erroneous because (1) there are questions of fact as to the existence of an explicit promise to lease, (2) appellee’s actions constituted an implied promise to lease, (3) appellants’ part performance and reliance created an estoppel against appellee, and (4) there are questions of fact as to appellants’ alleged damages. We affirm.

Appellants are general partners in Northwestern Development Company B (Northwestern). In late 1972, Northwestern be[*195] gan design and construction of an office building in the District of Columbia. In early 1973, Northwestern began negotiations with The Design Store regarding the latter’s leasing space in the building. Agents for both parties continued active communication through early 1976, at which time The Design Store notified Northwestern that because of financial difficulties it would be unable to lease the space.

Key among the communications were two early letters. On May 5, 1973, Stephen Newman, president of The Design Store, notified Northwestern, through the leasing agent, that he was interested in leasing space in the building. In the letter he stated:

You realize this letter does not constitute an offer to lease, but should you be interested in pursuing this further I would be most willing to get together with you for serious negotiations to work this out in suitable detail.

On July 23, 1974, Newman again notified Northwestern of his interest. This time he included some proposed specifications for. the lease, including 13 structural changes in the building. Once again, he stated:

You understand that this letter is for discussion purposes only and that any commitment on our part to enter into a lease shall occur only upon our execution of a formal lease agreement. You have my personal assurance, however, of our full and expedited co-operation in working towards finalizing such an agreement.

Negotiations then continued for over a year. A number of the terms of the proposed lease were negotiated, and on August 14, 1975, the parties met in an attempt to agree on a final lease. A lease dated August 28, 1975, resulted from that meeting. This lease was executed by The Design Store and delivered to Northwestern for signature. Northwestern refused to sign, however, citing several infirmities in the proposed lease. In October 1975, The Design Store withdrew the August lease offer. It thereafter made a new lease offer, which also was not accepted by Northwestern.

During the continuing negotiations, a major source of discussion was the physical configuration of the building. The Design Store had requested, and Northwestern had made, numerous changes in the building’s structure, including adding walls, installing new stairways, and relocating the mezzanine. In all, Northwestern made some $167,049.55 worth of architectural changes over a period of almost IV2 years. During this time, agents of The Design Store, requested changes, reviewed architectural plans, and directed work at the site.

In February 1976, The Design Store informed Northwestern that it could no longer afford to lease the prémises. Some three months later Northwestern entered into a lease with another tenant. The Design Store averred in its motion that the revenue expected from Northwestern’s ten-year lease with the new tenant exceeded its expected revenue from any proposed lease with The Design Store. Northwestern alleged that it could have received a greater rental from its new tenant had it not made the changes requested by The Design Store.

The Benders (Northwestern) brought this suit for damages incurred in reliance on The Design Store’s promise to lease the premises, alleging that there was either an explicit or an implied contract to lease the premises in question, or that the conduct of The Design Store’s agents was such as to induce them to reasonably and detrimentally rely on a promise to lease. The Design Store moved for summary judgment; the Benders effectively opposed only so much of the motion as pertained to their third alternative grounds for recovery. The trial court granted the motion for summary judgment, and this appeal followed.

Appellants’ argument on appeal is grounded on the doctrine of promissory es-toppel, a doctrine that is clearly recognized in this jurisdiction. E. g., D. C. Area Community Council, Inc. v. Jackson, D.C.App., 385 A.2d 185, 188 n. 1 (1978); Tauber v. Jacobson, D.C.App., 293 A.2d 861, 867 (1972); Solway Decorating Co. v. Merando, Inc., D.C.App., 240 A.2d 361, 362 (1968); N. Litterio & Co. v. Glassman Construction [*196] Co., 115 U.S.App.D.C. 335, 338, 319 F.2d 736, 739 (1963); accord, Granfield v. Catholic University of America, 174 U.S.App.D.C. 183, 188, 530 F.2d 1035, 1040, cert. denied, 429 U.S. 821, 97 S.Ct. 68, 50 L.Ed.2d 81 (1976). Our holdings have been, generally, that “[t]o hold a party liable under the doctrine of promissory estoppel ‘there must be a promise which reasonably leads the promisee to rely on it to his detriment, with injustice otherwise not being avoidable.’ ” Solway Decorating Co. v. Merando, Inc., supra at 362, quoting N. Litterio & Co. v. Glassman Construction Co., supra, 115 U.S.App.D.C. at 338, 319 F.2d at 739. This rule is derived from Restatement of Contracts § 90 (1932). [1]

From that general statement of the law there flows a series of questions, all of which must be answered in the affirmative in order to support the application of the doctrine of promissory estoppel. First, was there a promise? Second, should the prom-isor have expected the promisee to rely on the promise? And did the promisee so rely to his detriment? Finally would injustice result from a failure to enforce the promise? E. g., Granfield v. Catholic University of America, supra, 174 U.S.App.D.C. at 188, 530 F.2d at 1040.

Here we need go no further than the first question, for there is in this record no evidence of a promise to appellants from ap-pellee to enter into a lease of the premises. See, e. g., Sullivan v. Heritage Foundation, D.C.App., 399 A.2d 856, 859 (1979). Notwithstanding appellants’ argument to the contrary, appellee’s direct statements that there existed no binding lease were sufficient to negate any inference that they had made such a promise. Through two letters sent in the early stages of negotiations, [2] appellee’s agents made it clear that absent execution of a formal lease agreement, they intended no binding commitment to lease. Two lease agreements were sent to appellants by appellee and both were rejected. [3] Indeed, appellants’ trial counsel acknowledged that appellee never made any explicit promise to lease. [4]

Appellants’ argument that a promise to lease can be inferred from appellee’s conduct is unpersuasive. We agree that, for purposes of estoppel, a promise need not be as specific and definite as a contract, e. g., Hoffman v. Red Owl Stores, Inc., 26 Wis.2d 683, 690-91, 133 N.W.2d 267, 274-75 (1965), but in the final analysis there must be a promise. Courts and commentators alike agree that the detrimental reliance factor of promissory estoppel functions to replace one or more of the formal requirements of a contract, usually consideration. E. g., Drennan v. Star Paving Co., 51 Cal.2d 409, 412, 333 P.2d 757, 760 (1958) (en bane); S. Williston, Contracts § 139 (rev. ed. S. Williston & G. Thompson 1936 & 1956 Cum. Supp.) (citing cases); 28 Am.Jur. Estoppel and Waiver § 48, at 657-58 (1966 & 1977 Cum.Supp.) (citing cases). But to enforce a lease on appellee would, consistent with the above analysis, be akin to forcing payment on an unwilling seller and then expecting that seller to tender delivery of goods.

[*197] There simply was no promise here, either real or implied. See School District Number 69 v. Altherr, 10 Ariz.App. 333, 340, 458 P.2d 537, 544 (1969). Indeed, there is uneontradicted evidence that appellee explicitly refused to make such a promise to lease. All that was promised was that appellee would bargain in good faith, cf. Silberman v. Roethe, 64 Wis.2d 131, 138, 218 N.W.2d 723, 730 (1974) (lack of good faith bargaining negates argument that promise was only to negotiate), and such good faith negotiation occurred. [5]

We uphold the ruling of the trial court as to the application of promissory estoppel; accordingly, we need not consider appellants’ remaining assignments of error.

Affirmed.

1

.Restatement of Contracts § 90 (1932) provides:

A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise.

The tentative draft of Restatement (Second) of Contracts provides:

A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. [Tent. Draft No. 2.]
2

. Those letters were dated May 5, 1973 and July 23, 1974.

3

. Appellee executed a lease agreement in August 1975. It sent an unexecuted agreement to appellants in October 1975. Both agreements were rejected by appellants.

4

. At an October 14, 1977 hearing, appellants’ counsel stated:

You get into a problem because they obviously didn’t say we promise to do anything explicitly.
5

. The following colloquy between the court and appellants’ trial counsel took place at the October 14, 1977 hearing:

THE COURT: Are you saying they didn’t negotiate in good faith?
[APPELLANTS’ COUNSEL]: No, that is not our Contention. It has never been our contention. In fact, our case is bolstered by the fact that they negotiated in good faith