Missouri Court of Appeals, Southern District / Apr 2, 2024
DOUGLAS NIEMUTH, and CAROL NIEMUTH, Respondents/Cross-Appellants v. DONALD GASTON, and ROUNDCOUNT RANCH, LLC, Appellants/Respondents
Donald Gaston and Roundcount Ranch, LLC appealed the trial court's grant of summary judgment to Douglas and Carol Niemuth regarding a right-of-first-refusal (ROFR) in a real estate contract. The Niemuths sought to purchase a portion of a 190-acre tract, while Gaston had a bona fide offer for the entire tract. The appellate court reversed, holding that the ROFR required the Niemuths to match the terms of the bona fide offer, including the purchase of the entire tract. The case was remanded with instructions to enter judgment for Gaston and Roundcount and award Gaston attorney's fees.