- 12 - 21, 1991, Mr. Felman accepted the June 4 Ludlow counteroffer. (We shall refer to the contract that Mr. Felman and EDR entered into for the purchase of the Ludlow property from EDR as the Ludlow property purchase contract.) In anticipation of finalizing and thereafter closing the tentative exchange transaction, by letter dated July 6, 1991 (July 6 letter), Mr. Signom sent Mr. Packard a document entitled “DEED OF GIFT”, which also was dated July 6, 1991 (July 6 docu- ment). The July 6 letter stated in pertinent part: In re: Donation to University of Dayton Dear Dick: In our recent conversation about the above refer- enced matter, you suggested that I execute a “Deed of Gift” to the University covering my Purchase Option on the St. Clair Street property, effective immediately. Enclosed herewith, please find that Deed of Gift. It is my understanding that, if it meets with your approval, you will forward it to your client; if it does not, you will contact me with all deliberate speed with your suggested modifications. The July 6 document, which related only to MHR Properties’ purchase option and not to MHR Properties’ leasehold interest, stated in pertinent part: DEED OF GIFT 3(...continued) the June 4 Ludlow counteroffer are not material to a resolution of the issue presented in this case under sec. 170. For reasons not disclosed by the record, the June 4 Ludlow counteroffer was signed again by a representative of EDR on June 19, 1991.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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