HENDERSON v. MILLIS

No. 84-849.

373 N.W.2d 497 (1985)

H. Robert HENDERSON and Phyllis Henderson, Appellees, v. T.L. MILLIS, Appellant.

Supreme Court of Iowa.

August 21, 1985.


Attorney(s) appearing for the Case

William J. Lillis, Eugene E. Olson, and Peter S. Cannon of Connolly, O'Malley, Lillis, Hansen & Olson, Des Moines, for appellant.

Bruce H. Stoltze of Brick, Seckington, Bowers, Swartz & Gentry, Des Moines, for appellees.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McGIVERIN, and SCHULTZ, JJ.


UHLENHOPP, Justice.

This appeal involves two instruments relating to restrictions and a preemptive right (right of "first refusal"). Although defendant-appellant presents a number of issues, we consider only those which he presented to the trial court: whether (1) the preemptive right was triggered by sheriff's sale of the property; (2) defendant was a bona fide purchaser for value; (3) plaintiffs-appellees are barred from relief by laches, estoppel, waiver, and consent...

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