LEG Investments v. Boxler

LEG Investments (plaintiff) purchased a one-half tenancy-in-common interest in a Lake Tahoe vacation home, subject to a right-of-first-refusal agreement with the Boxlers (defendants), the other co-owners. After years of disputes with the Boxlers — who refused to clean up after use, contribute to repairs, or exercise their right of first refusal when LEG offered to buy or sell at $750,000 — LEG received and passed along a $1.4 million outside offer (contingent on the Boxlers' approval as co-owners), which fell through when the buyer declined to approve the Boxlers. LEG then sued for partition by sale; the trial court found the right-of-first-refusal clause waived LEG's partition right entirely and granted the Boxlers summary judgment, and LEG appealed.