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GORE v. BEREN

No. 68,420

254 Kan. 418 (1994)

867 P.2d 330

ROSALYN W. GORE, Appellant, v. ROBERT M. BEREN, Appellee, and T.J. LAND & CATTLE COMPANY and MID KANSAS JEWISH FEDERATION, INC., Defendants.

Supreme Court of Kansas.

Opinion filed January 21, 1994.

Attorney(s) appearing for the Case

George C. Bruce, of Martin, Pringle, Oliver, Wallace & Swartz, of Wichita, argued the cause, and Brian S. Burris and Ellen Tracy, of the same firm, were with him on the briefs for appellant.

Thomas D. Kitch, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause, and Jordan E. Clay, of the same firm, was with him on the briefs for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This appeal involves the trial court's dismissal of a partition action because the land was subject to a real estate agreement which contained a "right of first refusal" provision. The Court of Appeals affirmed the trial court in an unpublished opinion filed May 14, 1993.

The facts are undisputed. The property was purchased in 1962 by Theodore Gore, Robert M. Beren, and Theodore I. Leben. They entered...

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