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