L & M CORP. v. Loader

OAKS, Justice:

A lessor appeals an award of damages to his lessee for breach of a right of first refusal. This appeal turns on whether the plaintiff-lessee assigned his right of first refusal before he brought this action for its breach.

Grant Loader gave a 5-year lease on a building and real property to L & M Corporation for a “Chicken Time” restaurant. The written lease gave L & M a right of first refusal upon Loader’s sale of the premises. Within a month, L & M orally leased the property to Thomas Hoskins, who had been manager for L & M and who had conducted much of the original lease…