Question
A contract of lease between Richard and Eman provides: x x x that if the Lessor [Richard] should desire to sell the leased premises, the
A contract of lease between Richard and Eman provides: "x x x that if the Lessor [Richard] should desire to sell the leased premises, the Lessee [Eman] shall be given 30 days exclusive option to the same. In the event, however, that the leased premises is sold to someone other than the Lessee, the Lessor is bound and obligated to stipulate in the Deed of Sale thereof that the purchaser shall recognize this lease and be bound by all the terms and conditions thereof.''
Richard later sold his property including the leased premises located thereon to Piolo. In the Deed of Sale, the lease between Richard and Eman was recognized. Thereafter, Eman filed an action against Richard and Piolo seeking for damages and to nullify the sale between the two. Eman argued that the contractual stipulation afore-quoted is an option contract and must be respected by both Richard and Piolo. In response, Richard claims that since he received no consideration for the said "option", the same did not ripen into a valid and enforceable contract. Piolo, on the other hand, claims that he is a mere purchaser in good faith who should not be prejudiced by the lease contract.
Does the contractual stipulation afore-quoted provide for an option clause or an option contract? Decide on the conflicting claims among the parties.
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