Brown Enterprises, Inc. v. Hockman

By Judge John E. Wetsel, Jr.

This case came before the Court on the defendant’s Plea in Bar based on the option price provisions in the lease. The parties had earlier argued this Plea in Bar and, at the Court’s request, submitted authorities. Upon consideration whereof, the Court has decided to sustain the Defendant’s Plea in Bar, because the governing option price provision is only an agreement to negotiate and is not an enforceable contractual price fixing mechanism.

I. Statement of Material Facts

The following facts are not in dispute.

On July 1,1996, the parties entered into a commercial…