Doughty Appliance Inc. v. White

This is an appeal from a decree of specific performance of a contract for the sale of real property. Plaintiff is the lessee of the defendants White, the owners. The lease gave to plaintiff the right of first refusal in the event that the owners were to sell the property. The Whites listed the property with a realtor. The realtor then secured and transmitted to the Whites an earnest money contract by which the defendants Pruitt offered to buy the property. The Whites signed the agreement to sell clause and transmitted a copy of the Pruitts earnest money contract to plaintiff in order to provide to plaintiff the opportunity for first refusal. Plaintiff purported to exercise its right of first refusal by sending to the Whites a similar form of earnest money contract with an appropriate signature in the section indicating agreement to purchase.