The property housing Roberts Western World, a well known country western-bar on Nashville’s Broadway Strip, was recently sold by its owner. Unfortunately, it was sold to a third-party despite the fact that the owners of Roberts, who had previously been leasing the premises, had contracted for a right of first refusal on the property. Accordingly, the owners of Roberts’ filed suit seeking specific performance of their right of first refusal. The Court of Appeals found that Plaintiffs’ had not, as the defendants claimed, waived their right to enforce the contract provision. Additionally, the Court noted that “specific performance is regarded as appropriate when dealing with contracts for the conveyance of real property because real property is unique, and more often than not, an award of damages is simply not an adequate remedy.” That being the case, the Court ordered specific performance and it appears the owners of Roberts Western World will be able to buy out the property on which they now sit.
The case is McCullough v. Silverfield, 2006 WL 2614311 (Tenn. Ct. App. 2006). Read the full opinion here.
