Phoenix Tower, Inc. v. Shaffer

Phipps, Judge.

Leroy Gatch rented property from Marie Shaffer under an unrecorded lease. Paragraph 19 of the lease gave Gatch a right of first refusal before Shaffer could sell the property. After Shaffer died, her estate sold the property to The Phoenix Tower, Inc. (Phoenix). Gatch later brought this suit against the executor of Shaffer’s estate, the estate itself, and Phoenix. Gatch complains that he was never given an opportunity to exercise his right of first refusal. He seeks a rescission of the sale to Phoenix and specific performance of his contract with Shaffer. The case was submitted…