Schaefer v. Cerro Gordo County Abstract Co.

LARSON, Justice.

These plaintiffs appeal from a summary judgment in favor of the defendant abstract company, which had failed to disclose the plaintiffs’ recorded “option.” We affirm.

In 1975, Larry and Elaine Schaefer, the plaintiffs, purchased approximately 229 acres of farmland from Arthur Firgard. An ad joining tract of approximately twelve acres was retained by Firgard. He agreed in writing to notify the plaintiffs of any proposed sale of this tract and agreed to give them the first opportunity to purchase it.

The plaintiffs recorded this “option” (actually a right of first refusal or right…