GERALDINE ABBOTT, ET AL. v. MARK ABBOTT, ET AL. - Articles

All Content


Posted by: Chandra Williams on Jul 20, 2016

Court: TN Court of Appeals

Attorneys 1:

Douglas R. Beier, Morristown, Tennessee, for the appellant, Mark Abbott.

Attorneys 2:

Bruce Hill, Sevierville, Tennessee, for the appellees, Geraldine Abbott, and Clyde Abbott, Jr.

Judge(s): STAFFORD

This appeal involves a dispute concerning a purported right of first refusal in a deed. In a section titled “Right of First Refusal,” the deed provided that the purported holders of the right “shall have a right of first refusal to purchase said property and once a price is agreed upon,” the holder will have a certain time period in which to raise the funds to pay the purchase price. The trial court found that the provision was enforceable and imposed a “reasonable time” in which the parties could negotiate and agree upon a price. The sellers appealed. We reverse.

Attachments: