Pantry Pride Enterprises, Inc. v. Stop & Shop Companies, Inc.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
WILKINSON, Circuit Judge:
This case presents the question of whether a lessor can exercise its first refusal option with respect to the lease alone when the lessee offers the lease and equipment as a package deal to a third party. The district court granted specific performance of the option, allowing the lessor to accept the lease for the price allocated to it in the package agreement. 630 F.Supp. 637. Finding no abuse of discretion, we affirm the grant of specific performance. We remand, however, for a redetermination of the price at which the lessor may exercise its first refusal right.
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2Cases cited14 opinions
- Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
- Guaclides v. KruseNew Jersey Superior Court Appellate Division · 1961
- Brenner v. DuncanMichigan Supreme Court · 1947
- Gyurkey v. BablerIdaho Supreme Court · 1982
- Berry-Iverson Co. of North Dakota, Inc. v. JohnsonNorth Dakota Supreme Court · 1976
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3Cited by3 opinions
- Unlimited Equipment Lines, Inc. v. Graphic Arts Centre, Inc.Missouri Court of Appeals · 1994
- In Re Adelphia Communications Corp.United States Bankruptcy Court, S.D. New York · 2007
- Pantry Pride Enterprises, Inc., a Pennsylvania Corporation v. The Stop & Shop Companies, Inc., a Massachusetts Corporation, Pantry Pride Enterprises, Inc., a Pennsylvania Corporation v. The Stop & Shop Companies, Inc., a Massachusetts CorporationCourt of Appeals for the Fourth Circuit · 1986