Barling v. Horn

VAN OSDOL, Commissioner.

This is an action for specific performance of a clause in a lease whereby the lessees, plaintiffs, in the event the lessors desired to sell the leased premises prior to the expiration of the term, were to have the first opportunity to purchase the premises. The trial court denied specific performance on the ground that the lease stated no price or method for determining the price at which plaintiffs were to have the right to purchase, and, consequently, “the alleged option is indefinite and uncertain and unenforceable in equity.” Plaintiffs have appealed.

April 27,…