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Hicks v. Castille

Appellant appeals from the trial court's summary judgment in favor of appellee. The evidence establishes that appellant gave the requisite notice of his intent to sell .28 acre of the four acres and provided the terms on which he contemplated selling to the other party; that, upon such notice, appellee's right of first refusal as to the .28 acre matured into an option to purchase the .28 acre on those terms; that appellee failed to exercise such option; and that, due to such failure, appellee's right to purchase the .28 acre expired. Amarillo Court of Appeals, No. 07-09-00095-CV, 04-12-2010

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

OPINION

Cecil Hicks appeals from the trial court’s summary judgment in favor of Tim Castille. At issue is the precise nature of Castille’s right of first refusal as to certain property. The trial court held that Castille has a contractual right to purchase an entire four-acre tract intact, rather than just a fraction of the tract, if he has the opportunity to exercise his right of first refusal. The trial court also concluded that Castille has a contractual right to the benefits of the tower lease in effect on the four-acre tract and that Hicks’s contemplated sale of approximately .28 acre and cancellation of the tower lease for $50,000.00 would constitute a material breach of the parties’ agreement. Hicks complains that the trial court erred by so concluding and contends that he was entitled to summary judgment that he complied with the terms of their agreement by giving Castille notice of the terms of the contemplated sale of the .28 acre.

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