Property Law Keyed to Dukeminier
Daniels v. Anderson
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In 1977, the Plaintiff contracted to buy two lots from Jacula, with a right of first refusal for an additional adjacent lot. When Plaintiff received his deed, it did not mention the right of first refusal. In 1985, Zografos, with no knowledge of Plaintiff’s right of first refusal, contracted with Jacula to buy the adjacent lot to Plaintiff’s property. After paying 2/3 of the purchase price, Plaintiff’s wife informed Defendant that Plaintiff possessed a right of first refusal to the land. Plaintiff sued for specific performance of his option of first refusal. The trial court found for the Plaintiff ruling that the Defendant had actual notice of the option when he took title. The appellate court affirmed and the Defendant appealed.
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