Zlotoff

Defendant Alexander Tucker appeals a judgment after court trial favoring plaintiff Leonard Zlotoff.

Zlotoff owned two adjoining vacant lots. Nearby in the same block Zlotoff also owned a skating rink and adjoining parking lot next to E. R. Cota’s office building. For several years Cota, his employees and visitors used Zlotoff’s parking lot without permission, angering Zlotoff.

In October 1977 Zlotoff listed his vacant lots for sale with a realtor. Tucker offered in writing to buy the property. Before accepting Tucker’s offer, Zlotoff told Tucker about his anger toward Cota over misuse of the skating rink parking lot and said he did not want Cota to become owner of the vacant lots. Zlotoff asked Tucker if he was related to Cota; Tucker said no. Unbeknown to Zlotoff, Tucker was in fact Cota’s nephew.

After negotiation Zlotoff and Tucker in writing modified Tucker’s written offer by adding a clause reading: “Language concerning restriction of resale of property by buyer to E. R. or R. E. Cota will be furnished to escrow instructions.” Later Tucker signed escrow instructions reading: “These instructions are in no way meant to amend, modify or supersede any prior agreement…