Legal Opinion · Concurrence

Bergman v. Commerce Trust Co. N.A.

Court of Appeals of Kansas

Decided March 10, 2006No. 93,936Published

1ConcurrenceMcAnany, J.

affirming the district court’s summaiy judgment rulings. However, I would take a somewhat different path to get there.

The seed of this dispute is the only slightly murky language of the right of first refusal. Rather than containing the more commonly drafted provision that the grantor of the right will not sell the property to a third party without first offering the property to die grantee of the right on the same terms and conditions as the grantor is willing to accept from the third party, this right of first refusal simply provides:

“Richardson will not sell, transfer or convey [the…

2Cases cited2 opinions

  1. Furst v. McNittSupreme Court of Kansas · 1919
  2. Garrison v. BerrymanSupreme Court of Kansas · 1979

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