C & J Industries v. Edward O. Bailey and

WILKINS, Justice: This is a declaratory judgment action 1 seeking a declaration that the terms of a uniform real estate contract (hereafter first contract) by and between Plaintiff C & J Industries, Inc., (hereafter C & J) and Defendants Edward O. and Ruth C. Bailey (hereafter Baileys), had not been violated by C & J. Specifically, the issue before the District Court was whether a second uniform real estate contract (hereafter second contract) by and between Collins and James as sellers and one Jay L. Burgie as buyer constituted a breach of paragraph 3(a) of the first contract. That paragraph provides: In the event Buyer desires to sell or assign, transfer or convey Buyer's rights under this contract or Buyer's interest in said premises then and in that event the Buyer must pay in full the outstanding balance due on this contract prior to said transaction.