Hirst v. Freeman

Barratt, P. J.,

At a public sale of real estate the plaintiffs’ decedent made a bid of $110,000 for the property, which was accepted by the *676defendants, auctioneers employed to make the sale by the owners. $5000 was paid as down-money, and the usual auctioneers’ receipt given. At the time of the sale the premises were occupied by the Society of the American Red Cross, which held under a two-year lease. The lease contained this option to the tenant to purchase the property, viz.: “Should the lessor have a proposal for the purchase of the property, the lessor agrees to give the lessee the first…