Mabee

Nurseryiand Garden Centers, Inc. (Nurseryiand) appeals from a judgment for plaintiff John C. Mabee in the sum of $44,178 for breach of an agreement to lease a portion of a shopping center on the south side of Via de la Valle near Interstate 5 in Del Mar. Nurseryiand contends first, the document relied upon by Mabee was not a completed lease in that the document was indefinite constituting only an agreement to agree and second, Nurseryiand revoked the offer before it was accepted by Mabee. Nurseryiand also alleges prejudicial error in the jury instructions.

On May 14, 1974, after approximately one year of negotiations, Nurseryland’s president Ken Cook signed a proposed lease and initialed a plot plan which outlined the dimensions of the leased premises. The lease referred to the plot plan as “Exhibit A” but the plot plan initialed by Cook was not marked. The signed lease and the plot plan were then delivered to Mabee. The lease contained the following provision: “Execution of this lease by one party constitutes an offer which shall not be deemed accepted by the other party until the other party has executed this lease and delivered a duplicate original to the other…