Bennett v. Dudley

CULLEN, Commissioner.

The appeal is from a judgment declaring null and void an agreement between appellant Dock B. Bennett and appellee Carl Dudley. Bennett had sought specific performance of the agreement.

Dudley was the owner of a parcel of real estate near Lexington on which he conducted a photo-copying business. Bennett was interested in buying the real estate. The two men entered into a written agreement styled “Agreement to Purchase” which contained these provisions:

L Dudley “agrees to give an option to purchase” the real estate to Bennett, “provided:

“(a) That * * * [Dudley] disposes of…