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BYRON MATERIAL, INC. v. ASHELFORD

No. 74-127.

34 Ill. App.3d 301 (1975)

339 N.E.2d 26

BYRON MATERIAL, INC., Plaintiff-Appellee, v. HERMAN ASHELFORD et al., Defendants-Appellants.

Appellate Court of Illinois — Second District (1st Division).

December 23, 1975.

Attorney(s) appearing for the Case

Gilbert N. Ellsworth, of Rockford, for appellants.

Robert C. Moehle and David A. Smith, both of Garard & Moehle, of Oregon, for appellee.

Reversed in part and remanded.

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

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