SCHEB, Acting Chief Judge.
This appeal involves a lease wherein the lessee has a right of first refusal to purchase the leased property. The issue we address is whether the court erred in denying the lessee specific performance of its right of first refusal on the ground that there was no pending transaction on which to base that right once the court ordered rescission of the lessor's sale to a third party.
In January 1954 appellant Vorpe and appellee Key...
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