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Contracts Keyed to Marshall
Lucey v. Hero International Corp.
Citation:281 N.E.2d 266 (1972)
Defendant conveyed to the plaintiff by warranty deed dated March 10, 1969, the five acre parcel. The transaction was consummated by the defendant’s attorney. At that same meeting, the plaintiff executed a real estate sales agreement which contained a paragraph granting the plaintiff an option to purchase additional land belonging to the defendant, which said land shall be Northerly of the conveyed premises and along Lenox Road as mutually agreed upon by both parties. In August, 1969, the plaintiff met Rose and told him that the defendant was obliged to sell to the plaintiff whatever portion of the defendant’s remaining land he wished to buy. On September 2, 1969, the plaintiff’s attorney notified the defendant that the plaintiff had elected to exercise the option with respect to the five acre parcel previously surveyed. Subsequently, Rose offered to sell and convey to the plaintiff a different parcel of land. No agreement was reached, whereupon the plaintiff commenced this litigation.
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