Stuart v. Stammen

SANDSTROM, Justice.

[¶ 1] Greg Stuart appealed from a judgment dismissing his action for specific performance of a contract right of first refusal to purchase real estate owned by Larry and Mary Stammen. We reverse and remand, holding Stuart neither waived nor failed to timely exercise his contractual right of first refusal.

I

[¶ 2] On May 18, 1997, Greg Stuart entered a written agreement to purchase Larry and Mary Stammen’s rural farmstead, including 43.1 acres of land, for $71,000, with a closing date of June 2, 1997. The Stammens attempted to purchase a new home in Grand Forks, but were…