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STUART v. STAMMEN

Civil No. 980193

590 N.W.2d 224 (1999)

1999 ND 38

Greg STUART, Plaintiff and Appellant, v. Larry STAMMEN and Mary Stammen, Defendants and Appellees. v. John Clayburgh, Intervenor and Appellee

Supreme Court of North Dakota.

February 25, 1999.

Attorney(s) appearing for the Case

Kip M. Kaler, of Kaler Law Office, Fargo, for plaintiff and appellant.

Patrick R. Morley, of Morley Law Firm, Grand Forks, for defendants and appellees.

Steven L. Latham, of Wheeler Wolf, Bismarck, for intervenor and appellee.

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...

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