Smyth v. Berman

*185A tenant rented a building for his audio recording business under several written leases, the most recent of which contained an undefined "right of first refusal to purchase." After the landlord signed a contract to sell the building to a third party, the tenant submitted an offer to purchase it, but the landlord rejected the offer because the third party's offer was for "considerably more money." The tenant sued the landlord, the landlord's real estate agent and the third party. After sustaining demurrers with leave to amend to two complaints, the trial court sustained a demurrer without…