Harrison v. Domergue

CHRISTIAN,

J.—Gregory A. Harrison and some others of the several cotenants in a 3,200-acre property known as the Stetson Ranch appeal from a judgment denying partition. The court determined that an agreement entered into in 1952-between the predecessors of all the present owners should be given effect as a perpetual waiver, enforceable by successors of the original parties, of the cotenants’ statutory right of partition. We have concluded that the agreement should not be so construed; we therefore reverse the judgment.

In March 1952 the ranch was owned in undivided interests by three couples: the Domergues (40 percent); the Hopkinses (40 percent); and the Grialous (20 percent). The owners then entered into a written agreement which required that any party contemplating a sale of his interest must first offer to sell that interest to the other parties at the highest price offered to the selling party. The agreement provided that it should be binding upon the “heirs, executors, administrators and assigns” of the parties; it is silent as to its enforceability by successors of the original parties.

In 1958 appellant Harrison purchased the Hopkins interest; he then acknowledged in writing the binding effect upon

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him of the 1952 agreement. In 1961 appellants Robert and Helene Domergue each received an undivided 20 percent interest in the property by gift from their father (one of the original parties to the 1952 agreement). Appellant Rene G-rialou inherited his parents ’ 20 percent interest in the property in 1962. Appellant Harrison transferred his 40 percent interest in the property to the Bar Sixty-Five Company, a family corporation. A retransfer to Harrison and members of his family followed upon dissolution of the corporation. Thus, at the commencement of this suit, no interest in the property was held by any of the original parties to the 1952 agreement. Both those who wished to enforce the agreement and those opposed were successors in interest of the original parties.

Before commencing the action for partition, appellant Harrison entered into inconclusive negotiations with respondent Robert Domergue regarding the sale of the Harrison interest in the property. It is admitted that these negotiations did not constitute implementation of the option of first refusal provided for in the 1952 agreement.