Holland v. Fleming

OPINION

EVANS, Chief Justice.

This is an appeal from a judgment for specific performance, requiring the appellant to honor a preemptive right to purchase certain real property. We reverse and render.

The essential facts are undisputed.

In 1976, the appellant, as lessor, executed a grazing lease with appellees, as lessees, covering a 10-acre tract (excepting two acres) in Galveston County. The lease was for an initial term of one year, but provided for annual renewals, at the lessees’ option. The lease also provided that the lessees had a “first right of refusal to purchase this property within 30…