Lee v. Shaw

I dissent. The issue in this case is whether the District Court erred in determining that the March 20, 1978, agreement was ambiguous on its face and constituted “a right of first refusal” rather than an option contract.

The Lees contend that the first agreement of February 15, 1978, comprised a “right of first refusal” and that the second agreement of March 20, 1978, was a valid “option” contract. In the view of the District Court, whether the second agreement was a right of first refusal or an option contract could not be determined from the face of the document because the wording was…