Legal Opinion
Bateman v. 317 Rehoboth Avenue, LLC
Court of Chancery of Delaware
Decided July 19, 2005No. C.A. No. 877-SPublishedCited by 10 opinions
1Opinion of the Court
OPINION
STRINE, Vice Chancellor.
This case presents the question of whether a right of first refusal to purchase a leased property survives the termination of that lease. Here, a lessee whose lease terminated by its terms continued to occupy the leased property as a month-to-month holdover tenant. The version of Delaware’s holdover tenancy statute, 25 Del. C. § 5108, that controlled the lease states that “stipulations” of a “rental agreement” carry over into a holdover tenancy. Although the expired lease provided the lessee a right of first refusal, the landlord sold the property to a third…
2Cases cited11 opinions
- Desert Equities, Inc. v. Morgan Stanley Leveraged Equity Fund, II, L.P.Supreme Court of Delaware · 1993
- Coastal Barge Corp. v. Coastal Zone Industrial Control BoardSupreme Court of Delaware · 1985
- Weber v. PowersIllinois Supreme Court · 1904
- Hudson Farms, Inc. v. McGrellisSupreme Court of Delaware · 1993
- State v. Tabasso Homes, Inc.New York Court of General Session of the Peace · 1942
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smyth v. Berman, California Court of Appeal, 5th District2019
- Terex Corp. v. Southern Track & Pump, Inc.Supreme Court of Delaware · 2015
- Cogdill v. Sylva Supply Co.Court of Appeals of North Carolina · 2019
- 3410 Old Capitol Trail, LLC v. Megarents, Inc.Superior Court of Delaware · 2017
- Clifton Sykes v. Wayne J. Mackay and Joanne MackayCourt of Chancery of Delaware · 2026
5 more not listed; retrieve them via the Exa API.