Tinkler v. Devine

The opinion of the court was delivered by

Smith, J.:

This was an action for specific performance of a con*309tract to convey real estate. The defendants interposed a general demurrer to plaintiff’s petition. This demurrer was overruled. Defendants have appealed.

The petition alleged that the plaintiff was a tenant in possession of a building and a lot in the city of Salina; that the lease contained the following clause:

“It is further understood and agreed that, if the landlords "find a good faith prospective purchaser for said premises and are willing to sell same, the tenants shall have a first…