Dorr v. Smith

CAMMACK, Justice.

This is an appeal from a judgment of the Jefferson Circuit Court awarding the appellee, Smith, $3,516.74 in damages against the appellant, Dorr, for breach of contract to purchase Smith’s electrical appliance business. Dorr’s principal contention is that the contract was not enforceable because of impossibility of performance, since his offer was conditioned on assignment of the lease on the store building with a valid renewal option, and Smith’s lease contained no such option.

Smith leased the store building in' August 1946, from Eline Realty Company for a three-year term.…