It was not a minor point which was insignificant to the formation of the contract. Under these circumstances defendants had the right not to enter into the contract. Plaintiffs' cause of action for breach of contract is therefore dismissed. As to the fraud and promissory estoppel claims plaintiffs further allege that from July 19th through October 1996, in reliance upon Hoffmann's representations that The Three Tenors were available, plaintiffs were required to meet various expenses associated with the concert. As to plaintiffs' claim that defendants breached animplied covenant of good faith, plaintiffs contend that after the July 19th date, Hoffmann was not negotiating in good faith.
Plaintiffs present no evidence that such an annoucement was ever made.