Ang Yu V

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ANG YU V.

CA

FACTS:

In this case, plaintiffs Ang Yu Asuncion et al., are tenants of residential and
commercial spaces owned by defendants Unjieng. Later, the defendants offered to
sell the premises to the plaintiffs. During the negotiation, the defendants offered the
price of 6-million while the plaintiffs made a counter offer of 5-million and asked the
defendants to put the said offer in writing to which the defendants acceded.
Subsequently, the plaintiffs wrote a letter to the defendants asking to specify the
terms and conditions of the offer to sell but to no avail. Upon the information
received by the plaintiffs that the defendants were about to sell the property, the
plaintiffs filed a complaint for specific performance.

The defendants interposed a defense of lack of cause of action. Later, the trial court
rendered a decision stating that there was no meeting of the minds

ISSUES:

EQUITORIAL REALTY DEVEPOMENT V. MAYFAIR THEATER

FACTS:

In this case, respondent Mayfair Theater (MAYFAIR) and Carmelo &


Bauermann Inc., (CARMELO) entered into a contract of lease where the former
leased a portion of the latter’s property to put up a movie theater for a period of
twenty (20) years. Two years later, the parties entered into a second lease contract
where Mayfair leased another portion of Carmelo’s property. In paragraph 8 of both
of the lease contracts it stated that in the event that the lessor desire to sell the
leased premises the lessee shall have a 30-day exclusive option to purchase the
same. Later, Carmelo sold the property to Equitorial. Hence, Mayfair filed an action
for specific performance and annulment of sale.

ISSUES:
1) Whether or not the Court of Appeals erred in holding that the option clause in
contracts of lease is a right of first refusal.

HELD:
No, it is not an option clause or an option contract, but a contract of right of first
refusalS

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