Miller & Smith, Inc. v. Thompson

By JUDGE THOMAS A. FORTKORT

The case before us involves the plaintiffs* Motion for Summary Judgment. The facts necessary to understand the Plaintiffs* Motion are recited herein.

Miller and Smith, Inc., contracted with Lucy B. Thompson to buy 5.0130 acres of land for $521,352. Other provisions in the contract of sale provided for higher payments to Mrs. Thompson if higher land usage was obtained through the rezoning process.

Mrs. Thompson received a deed to the land many years ago. In that deed the grantor attempted to place a right of first refusal in favor of Mrs. Thompson’s children.

After…