Peter Chalamidas and Elizabeth Chalamidas v. Sierra Life Insurance Company, an Idaho Corporation

WILLIAM E. DOYLE, Circuit Judge.

This is a diversity action in which Peter Chalamidas and his wife Elizabeth seek damages for breach of contract. The defendant is Sierra Life Insurance Company, an Idaho corporation. The covenant in the contract which is the embattled one is that which undertook to give notice to plaintiffs of an impending sale of an apartment house which plaintiffs had conveyed to Sierra. This was to provide the plaintiffs with a right of first refusal (to buy the complex). Sierra sold the property without giving notice, but the contention is that this was waived or merged in…