U. S. Enterprises, Inc. v. Mikado Custom Tailors

The majority of the Court of Appeals found that the words “at renewal date for a two (2) year period with 10% increase in rental” created “doubt or uncertainty” as to whether the clause in question was an option or a right of first refusal. The majority remanded the case for trial by jury. U. S. Enterprises v. Mikado Custom Tailors, 163 Ga. App. 306 (293 SE2d 533) (1982).

Although agreement in advance as to the monetary terms (e.g., rent, price) of a right of first refusal may be the exception rather than the rule, prior agreement as to monetary terms does not convert a right of first refusal…