28 April 2011

roy o martin lumber co wins in yesterdays 3rd circuit opinion dump

click here to download sixteen page .pdf from la3circuit.org/opinions

while this is a very fascinating, for what appears to be contract dispute:
Louisiana Civil Code Article 2625 defines a right of first refusal as a party’s agreement not to “sell a certain thing without first offering it to a certain person.

The right given to the latter in such a case is a right of first refusal that may be enforced by specific performance.”

The right of first refusal is a unilateral obligation; the grantor alone is obligated to act and the person holding the right of first refusal is not required to accept the offer, though failure to accept the offer permits the grantor to then sell the thing to a third party. See ALAIN LEVASSEUR & DAVID GRUNING, LOUISIANA LAW OF SALE AND LEASE: A PRÉCIS § 1.1.4).
betwixt bryan mccann farms, inc. and roy o martin lumber company, llc., the main lesson for everyone else to take away from this is the awesomeness of louisiana timber and resources.

roy o martin lumber company llc [appellant] was represented by james p.dore, kean miller, hawthorne, d'armond, mccowan & jarman llp, baton rouge, louisiana.

bryan mccann farms, inc.[appellee], by rodney m. rabalais, rabalais & roy, marksville, louisiana