Legal Opinion · Dissent

B&R Oil Company, Inc., Empire Petroleum Partners, LLC, and EPP-Atlas Acquisitions, LLC v. William E. Stoler, Kathlyn Stoler, Jeffrey A. Levy, and Con-Serve, Inc.

Indiana Court of Appeals

Decided May 30, 2017No. Court of Appeals Case 71A04-1603-PL-608Published

1DissentBailey, Judge

I agree with the majority that' the package offer triggered the rights of first refusal (“ROFR”). The majority next concludes, however, that B&R Oil breached the ROFR when it gave the lessees the opportunity to match the package offer instead of obtaining an offer specific to each leased premises. Because T would instead' conclude that B&R Oil met its obligations under the plain language of the contract, I must dissent.

When the language of a contract is unambiguous, we are to “give effect to the parties’ intentions as expressed in the four corners of the instrument. Clear, plain, and…

2Cases cited3 opinions

  1. Michael Ryan v. TCI Architects/Engineers/Contractors, Inc. and BMH Enterprises, Inc., d/b/a Craft MechanicalIndiana Supreme Court · 2017
  2. Hyperbaric Oxygen Therapy Systems, Inc. v. St. Joseph Medical Center of Fort Wayne, Inc.Indiana Court of Appeals · 1997
  3. Hay v. HayIndiana Court of Appeals · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API