Question

Sensenig was a surveyor in the City of Pittsburgh for many years and had made surveys, maps, plots, and plans of the streets, lanes, and alleys of Pittsburgh and other places around that city, as well as many plans and plots of ground throughout Allegheny County. These he used extensively in his business. Intending to change his occupation, he sold all these maps, plans, and plots to Hanks. The contract of sale stipulated that if Sensenig should ever want to reengage in the surveying business, Hanks would resell the plots, plans, and maps to Sensenig for the price that Sensenig had sold them to Hanks plus 10 percent.

Five years later, Sensenig notified Hanks that he wanted to reengage in the surveying business and tendered to Hanks the amount of the purchase price which Hanks had paid to Sensenig plus 10 percent. Hanks refused to deliver the plans to Sensenig, and Sensenig sued Hanks for breach of contract. What is the appropriate remedy? Will Sensenig succeed?

Answer 1

In this case there appears to be a binding contract for Hanks to resell the maps, etc., to Sensenig for the money he had paid to acquire them plus 10%, whenever Sensenig re-entered the business. The 10% extra here is a consideration for the option Sensenig is getting, so the contract seems to be fair.

5 years later (i.e., 5 years after entering into this contract), Sensenig is re-entering the business and is exercising the right that the contract provides him.

I guess Sensening will succeed in this suit he has filed against Hanks for breach of contract.