Flynn v. Hanna

Defendant Mildred Hanna appeals from the trial court’s judgment requiring her and her husband, defendant John Hanna, specifically to perform an agreement to sell their 1,885-acre ranch to plaintiff John Flynn. On de novo review, 2 we conclude that plaintiff was not entitled to specific performance of his agreement with defendants. Accordingly, we reverse.

Defendants leased a portion of their ranch to plaintiff. The lease gave plaintiff a right of first refusal should defendants decide to sell all or any part of the ranch “on the terms and conditions set forth in this Agreement” and “at the…