Legal Opinion

Buller v. Clark

Louisiana Court of Appeal

Decided April 1, 2009No. 2008-1336Published

1Opinion of the Court

THIBODEAUX, Chief Judge.

hThe plaintiff-appellant, Joyce Buller, seeks to enforce a right of first refusal against the defendant-appellee, Peggy Clark, over ten years after the agreement granting the right was entered into by the parties. The trial court granted Clark’s exception of no cause of action. For the reasons set forth below, we affirm.

I

ISSUES

We must decide whether the trial court erred in applying La.Civ.Code art. 2628 and in granting the defendant’s exception of no cause of action.

II

FACTS AND PROCEDURAL HISTORY

In 1996, Buller and Clark purchased immovable property in Alexandria,…

2Cases cited8 opinions

  1. Crawford v. DeshotelsSupreme Court of Louisiana · 1978
  2. Kinberger v. DrouetSupreme Court of Louisiana · 1922
  3. Bristo v. Christine Oil & Gas Co.Supreme Court of Louisiana · 1916
  4. BECKER & ASSOCIATES., INC. v. Lou-Ark Equip. Rent. Co., Inc.Supreme Court of Louisiana · 1976
  5. Smith Enterprises, Inc. v. BorneLouisiana Court of Appeal · 1971

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