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SCHROFF v. SMART

No. WD 58924.

73 S.W.3d 28 (2002)

William SCHROFF d/b/a R & S Coatings, Respondent, v. David L. SMART, Jr., Defendant, and TEC, LLC, Appellant.

Missouri Court of Appeals, Western District.

April 16, 2002.

Attorney(s) appearing for the Case

Theodore C. Beckett, III, and Jeffrey M. Hensley, Kansas City, for Appellant.

Eugene J. Twellman and Stuart K. Shaw, Kansas City, for Respondent.

Leonard L. Wagner, Kansas City, for Defendant.

Before EDWIN H. SMITH, P.J., and HOWARD and HOLLIGER, JJ.

PER CURIAM.

Lessee, William Schroff, filed suit seeking, among other things, specific performance of a right of first refusal contained in his lease whereby he was to have the first opportunity to purchase the leased premises if lessor, David Smart, decided to sell the property.1 In spite of Schroff's lawsuit, Smart sold the property to a third party, TEC, LLC, which agreed to indemnify Smart with regard to any claims Schroff had on the...

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