Benincasa v. Mihailovich

This appeal arises out of a suit to foreclose a land contract. From a judgment in favor of the defendant vendee, the plaintiffs appeal.

The plaintiffs, William and Kathleen Benincasa, were the owners of improved land in Laketon Township on which was situated a motel and a combination bar and restaurant. In 1964, plaintiffs leased the bar and restaurant to William J. Perry and George C. Ollier. The lease gave the plaintiffs a right of first refusal to purchase the goodwill of the business and the class C liquor license. On February 14,1966, plaintiffs entered into a land contract with defendant…