Byron Material, Inc. v. Ashelford

Mr. PRESIDING JUSTICE GUILD

delivered the opinion of the court;

The basic issue presented in this case is whether the transfer of an undivided one-half interest in leased property from one cotenant in common to another cotenant in common is a sale to a bona fide purchaser within the meaning of a lease, thereby giving rise to the lessee’s right of first refusal under the terms of the lease, The trial court held that such a transfer was a sale, thereby giving rise to the lessee’s right of first refusal. The lessor-purchasers appeal.

The defendants, Herman Ashelford, his wife Lulu, Walter Ashelford…