Polemi v. Wells

KELLY, Chief Judge.

The plaintiff, George M. Polemi, appeals the summary judgment entered in favor of defendant, L.G. Wells, d/b/a Wells Holding Company (Wells), denying Polemi’s claim for specific performance of a preemptive right to purchase real property. We reverse.

In January 1981, Polemi entered into a ten-year lease for a store front space in a building owned by Wells. An addendum to the lease contains a preemptive right clause:

“7. Lessor grants to Lessee ... a second option to purchase the entire building if and when it becomes available for sale.”

Wells had previously granted a first…