Schroff v. Smart

Lessee, William Schroff, filed suit seeking, among other things, specific performance of a right of first refusal contained in his lease whereby he was to have the first opportunity to purchase the leased premises if lessor, David Smart, decided to sell the property.1 In spite of Schroffs lawsuit, Smart sold the property to a third party, TEC, LLC, which agreed to indemnify Smart with regard to any claims Schroff had on the lease. Other cases ensued. The trial court entered a summary judgment in Schroffs favor on Count I of Schroffs petition for specific performance of his right of first…