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JONES v. STAHR

No. A-06-572.

746 N.W.2d 394 (2008)

16 Neb. App. 596

Wesley J. JONES, an individual, Appellee, v. Daniel F. STAHR and Georgia A. Stahr, husband and wife, Appellants, Therese Dorenbach, Appellee, and Larry Coffey, Intervenor-Appellant.

Court of Appeals of Nebraska.

March 25, 2008.

Attorney(s) appearing for the Case

William G. Blake and Jason L. Scott, of Pierson, Fitchett, Hunzeker, Blake & Katt, Lincoln, for appellants and intervenor-appellant.

Shannon R. Harner and Susan M. Napolitano, of Hoppe & Harner, L.L.P., Lincoln, for appellee Wesley J. Jones.

Darrell K. Stock, of Snyder & Stock, Lincoln, for appellee Therese Dorenbach.

INBODY, Chief Judge, and CARLSON and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

This appeal addresses whether a right of first refusal to purchase real estate remains personal in nature after the seller has decided both to sell the entire remaining property and to accept the terms and conditions specified by a potential buyer. We conclude that upon the concurrence of these events, the right of first refusal ripens into an option. Because such options are ordinarily assignable, a provision in the option holder...

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