Garvin v. Smith

Judge Harold R. Banke.

Mary Margaret Smith filed an action against James S. Garvin primarily seeking declaratory relief concerning her right to sell a certain tract of real estate.1 Garvin appeals the summary judgment awarded to Smith.

In August 1990, Smith sold two of three contiguous tracts to Garvin but retained title to a third one, Tract III. By a separate agreement dated June 29, 1990, Garvin received an irrevocable five-year option expiring on June 29, 1995, to purchase Tract III. The *898agreement also granted Garvin a right of first refusal, provided that “if subject property, i.e. Tract…