Stuart v. D'Ascenz

Opinion by

Judge DAILEY.

Defendant, David N. D'Ascenz, appeals the judgment granting plaintiff, Denna S. Stuart, the right to purchase certain real property. Because we conclude that defendant only granted plaintiff a right of first refusal, rather than an option, with respect to the purchase of certain property, we reverse.

I. Background

The parties entered into two agreements. One concerned the purchase of the defendant's business, a bar, for $125,000; the other concerned a lease for the property on and in which the bar was located. In the lease, the following clause appeared:

Leasee [sic] has…