Contracts Keyed to Calamari
R & R of Connecticut, Inc. v. Stiegler
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
A building was initially leased by the Defendant to Pedro Ortiz ("Mr. Ortiz") on June 13, 1979. Mr. Ortiz assigned the lease to the Plaintiff on January 27, 1981. The Plaintiff ran a supermarket out of the premises. The lease's term was five and a half years, from June 15, 1979 to December 31, 1984. Pursuant to Paragraph 6 of the lease, the tenant had an option to renew the lease for an additional five-year period. This option was exercisable only if the tenant sent the landlord a written notice within twelve months prior to December 31, 1984, the day the lease was to terminate. Paragraph 28 granted the tenant a right of first refusal, allowing the tenant the right to buy the property first if the landlord received an offer to buy it. The Plaintiff was notified on January 26, 1984 that due to its failure to renew the lease within one year, the lease would terminate on December 31, 1984. On February 6, 1984, the Plaintiff's attorney sent a letter to the Defendant's agent informing the agent that the Plaintiff's prior attorney had died on December 14, 1983, and that the attorney had intended, but did not due to his death, send a letter specifying that the Plaintiff wished to renew the lease. The Defendant entered into an agreement to sell the premises on March 23, 1983 for $425,000 to McDonald's. The value of the property was only $225,000. The Plaintiff learned about this agreement to sell around February 24, 1984 and did not exercise his right of first refusal enumerated in Paragraph 28. The lower court found McDonald's offer was a bona fide offer, but contingent on the satisfaction of certain conditions. "The [lower] court concluded that Bayer's death, the large monetary loss to be suffered by the plaintiff, the speculative loss which the landlord might incur, and the customer loss from the neighborhood community justified equitable relief for the plaintiff."
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