Question

"The Dukes leased land from Lillian Whatley. Toward the end of their lease, they sent Ms. Whatley a new contract, renewing the lease for three years and giving themselves the option to buy the land at any time during the lease for$50,000. Ms. Whatley crossed out the clause giving them an option to buy. She added a sentence at the bottom, saying, “Should I, Lillian Whatley, decide to sell at end [sic] of three years, I will give the Dukes the first chance to buy. “Then she signed the lease, which the Dukes accepted in the changed form. They continued to pay the rent until Ms. Whatley sold the land to another couple for $35,000. The Dukes sued.

Are the Dukes entitled to the land at $50,000? At $35,000"

Did Ms. Whatley breach the contract?

Who will win the case?

Answer 1

Did Ms. Whatley breach the contract?

No. Ms Whatley stated "the first chance" which is indefinite and cant be enforceable. She never stated the terms of determining the price too. Hence no breach of contract from her end.

Who will win the case?

Of course Mrs Whatley will win. In the exisitng contract, she crossed the option in the contract. She altered the lease and made a counteroffer so the option at $50,000 which was again rejected. Hence when offer was rejected and no clear propositions were made which could be enforced, thus no case is favoring Dukes. Hence Mrs Whatley will win