Pruner and Rees v. Brown

The issue presented by this declaratory judgment proceeding is whether certain lease provisions created an absolute option in the lessees to purchase the leased premises or whether the lease created only a conditional option or right of first refusal to purchase, conditioned upon the owner’s willingness to sell. The trial court held, as a matter of law, that the language employed in the lease created only a conditional option or right of first refusal. We granted a writ of error.

In 1971 Meres G. Brown (Brown or lessor) was operating a beauty school in Fairfax. By agreement dated September 28,…