81 A.D.2d 689 | N.Y. App. Div. | 1981
— Appeal from a judgment of the Supreme Court at Special Term, entered February 20, 1980 in Tompkins County, which denied defendants’ motion to dismiss the amended complaint and granted plaintiffs summary judgment. On September 14, 1971, plaintiffs purchased from defendants Giles two parcels of vacant land adjoining their home in the Town of Ithaca, Tompkins County. The Giles also owned 123 additional acres mainly south of the premises conveyed, including a small triangular parcel abutting on the west with road frontage. On December 14, 1971, plaintiffs and the Giles executed a written agreement reciting “in the event the parties of the first part [Giles] decide to sell the [triangular] parcel, the parties of the first part do hereby agree to first offer to sell said parcel to the [plaintiffs], before any and all others.” The next clause provided “That in the event any third party offers to purchase said parcel from the parties of the first part, the parties of the first part do agree to then give the [plaintiffs] a chance to match said offer within ten days after notifying the [plaintiffs] of said offer and the [plaintiffs], if they notify the parties of the first part in writing of their willingness to match said offer, shall complete the purchase of same within thirty days thereafter.” The consideration recited was “by *** mutual considerations hereinafter set forth”. However, there was nothing later set forth in the agreement in the nature of consideration. On May 4, 1979, defendant Desch offered in writing to purchase the entire 123 acres of land including the triangular parcel, which offer the