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M & M OIL CO. v. FINCH

No. 52,835

7 Kan. App. 2d 208 (1982)

640 P.2d 317

M & M OIL COMPANY, INC., Appellant, v. EVERETT E. FINCH, JULIETTE M. FINCH, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed January 21, 1982.

Attorney(s) appearing for the Case

M. Dean Burkhead and Eugene C. Riling, of Riling, Norwood, Burkhead & Fairchild, Chartered, of Lawrence, for the appellant.

John L. Peterson and Donald A. Hardy, of Williamson, Cubbison & Hardy, and John J. Ziegelmeyer, all of Kansas City, for the appellees Finch.

Patrick J. Reardon, of Leavenworth, for the appellees Wiggins.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

FOTH, C.J.:

This is a "dual option" case in which a tenant sought specific performance of a fixed price option to purchase contained in a lease. The trial court held the fixed price option to have been lost before its exercise by plaintiff's failure to exercise its right of first refusal, or preemptive right, under the same lease. The plaintiff tenant appeals. We affirm.

The plaintiff, M & M Oil Company, Inc., is the tenant of property at 47th Street and...

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