Winberg v. Cimfel

Larry L. and June E. Winberg filed this equity action against Rynold A. and Patricia H. Cimfel and Marvin and Esther Sterner, requesting specific performance of a right of first refusal to purchase a certain 276-acre tract of land in Custer County. The district court for Custer County granted the Cimfels’ and Sterners’ motions for summary judgment. We reverse the judgment and remand the cause for further proceedings because the district court erred in finding that the Winbergs’ right of first refusal merged into a subsequent warranty deed conveying a contiguous 4-acre tract of land from the…