Weber Meadow-View Corp. v. Wilde

MAUGHAN, Justice:

(dissenting).

Plaintiffs appeal from a district court decision granting defendant’s motion for summary judgment. We should reverse and grant plaintiff’s motion for summary judgment and specific performance under the contract of sale.

The stipulation of the parties shows plaintiff was the assignee of a “first right of refusal,” or a “preemptive right,” to which the real property owned by defendant Wilde was subject. This court recognized at an early date that a preemptive right is a valuable contract right and since “there is nothing unfair or unjust about such a provision” the…