Legal Opinion

MEGARGEL WILLBRAND & COMPANY, LLC v. FAMPAT Ltd. Partnership

Missouri Court of Appeals

Decided April 11, 2006No. ED 86570PublishedCited by 3 opinions

1Opinion of the Court

KATHIANNE KNAUP CRANE, Presiding Judge.

This appeal raises the question of whether a clause in a lease prohibiting the assignment of the lease without the consent of the lessor also prohibits the assignment, without consent, of a right of first refusal to purchase the leased premises contained in the lease. We hold that it does, and we affirm the trial court’s entry of summary judgment in the lessor’s favor.

Defendant, FAMPAT Limited Partnership (“Landlord”) 1 , was the owner of real property in the City of St. Charles (the property). The other defendant, Union Planters Bank (Tenant), was the…

2Cases cited24 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Zeidman v. DavisTexas Supreme Court · 1961
  3. Zakibe v. Ahrens & McCarron, Inc.Missouri Court of Appeals · 2000
  4. Unlimited Equipment Lines, Inc. v. Graphic Arts Centre, Inc.Missouri Court of Appeals · 1994
  5. Barling v. HornSupreme Court of Missouri · 1956

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3Cited by3 opinions

  1. Back Ventures, L.L.C. Series D v. Safeway, Inc.Missouri Court of Appeals · 2013
  2. Anderson v. ParkerMissouri Court of Appeals · 2011
  3. Pape v. Huey's Collision CenterMissouri Court of Appeals · 2008

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