Kroehnke v. Zimmerman

Opinion by

Mr. Justice Kelley.

The plaintiffs, Ivan M. Kroehnke and his wife Beatrice I. Kroehnke, brought an action against the dedefendants, Alfred F. and Catherine R. Zimmerman, and Coloevans, Inc., (1) for damages in the amount of $33,539.35, and (2) for specific performance of a right to purchase under a “first refusal” provision contained in a lease of business property. The trial court, without the aid of a jury, entered a judgment of dismissal of both claims after both parties had concluded the presentation of their evidence. The court based its decision on (1) laches and estoppel; (2)…