PRUNER v. BROWN

Record No. 750428.

223 S.E.2d 890 (1976)

Henry C. PRUNER and Doris J. Rees v. Meres G. BROWN.

Supreme Court of Virginia.

April 23, 1976.


Attorney(s) appearing for the Case

James R. Tate, Vienna (Duvall, Tate, Bywater & Davis, Ltd., Vienna, on briefs), for plaintiffs in error.

Paul A. Burns, Falls Church (Donovan, Turnball & Burns, Falls Church, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


HARMAN, Justice.

The issue presented by this declaratory judgment proceeding is whether certain lease provisions created an absolute option in the lessees to purchase the leased premises or whether the lease created only a conditional option or right of first refusal to purchase, conditioned upon the owner's willingness to sell. The trial court held, as a matter of law, that the language employed in the lease created only a conditional option or right of first refusal...

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