BERGMAN v. COMMERCE TRUST CO.

No. 93,936.

35 Kan.App. 2d 301 (2006)

BRADLEY A. BERGMAN and ELIZABETH R. BERGMAN, Appellants, v. COMMERCE TRUST COMPANY, N.A., AND MARY RICHARDSON, Appellees.

Court of Appeals of Kansas.

Opinion filed March 10, 2006.


Attorney(s) appearing for the Case

Bruce F. Landeck, of Overland Park, for appellants.

Leonard Rose and Amy Allen, of Lathrop & Gage L.C., of Kansas City, Missouri, for appellees.

Before GREEN, P.J., McANANY, J., and BRAZIL, S.J.


GREEN, J.:

This is a summary judgment case involving whether certain express conditions precedent had been fulfilled. These conditions precedent qualified Bradley and Elizabeth Bergmans' right of first refusal to purchase a 10-acre tract from Crispan Richardson, now deceased. Both sides moved for summary judgment. Mary Richardson and Commerce Trust Company, N.A. (Commerce), Crispan Richardson's successor in interest, sought judgment in the action on grounds that the...

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