Lessee's Right of First Refusal Enforceable Despite Subsequent Higher Offer

A lessee who had a right of first refusal on leased property, which was later sold to a third party without the lessee being notified, sought to enforce this right, but the lower court denied the claim, ruling that the right was not exercisable because the sale to the third party involved a lower price than the one ultimately offered by the lessee during the litigation. The high court quashed this decision, reasoning that the right of first refusal is a personal right that binds the lessor to offer the property to the lessee under the same conditions as those agreed upon with a third party, and therefore, the lessee's subsequent offer, even if for a higher price, must be considered if the lessor failed to respect the initial obligation to notify the lessee of the third-party sale.