Manasse

The facts of this controversy may be very briefly stated. The predecessor in interest of the plaintiffs, on May 6, 1919, leased to respondent Ford for a term ending May 5, 1922, certain real property situated in the city of Madera. The terms of the lease itself are not in controversy, but in addition to the proper provisions for demising the premises there is contained in the lease an option in favor of said Ford to purchase the property at any time during the term at a price of $9,500. The trouble arises over the following proviso modifying said option:

The lessor found a bona fide purchaser for the sum of $9,500 and he thereupon gave to respondents the written notice required by the terms of said proviso. They failed for more than thirty days to purchase the property, and thereupon and on April 9, 1921, the lessor sold the entire property to appellants for said sum of $9,500 and they now hold the title thereto. Notwithstanding the plain provisions contained in said proviso, the respondents claim the right to purchase the property from the appellants. They base this contention upon that clause of the proviso which reads as follows: “the lessor may sell the same subject to this…