Mercer v. Lemmens

Plaintiffs sued for damages for breach of a contract which had accorded them a preemptive right to purchase a particular parcel of real property from defendant. At the time of purchase of one lot from defendant the parties had included in the deposit receipt the clause, “If seller decides to sell the other 50 foot lot he will give buyer first chance to purchase at $10,000.00.” The receipt was dated June 8, 1955. In the escrow instructions which followed, dated June 16, 1955, there was the following elaboration of the clause: “As a matter of record only, with which escrow holder is not to be…