Lyman v. Jennings

ROONEY, Justice.

Appellant-plaintiff appeals from a summary judgment and order, which, in effect, rejected his contention that a first right and prior option of purchase under a lease was activated in this instance.

We affirm.

Appellant and William E. Davis1 were lessees of certain premises in Washakie County consisting of about 2,600 acres. Lessors, Adrian Eberhard, Charles Eber-hard and Cora M. Eberhard, owned the premises as tenants in common. The lease *260period was from January 1,1976 to January 1, 1981.

On August 12, 1975, Adrian Eberhard, a single man, executed a will in which he devised his…