Conditional right of first refusal requiring counterparty to allow vendor the chance to match any lower price for the contracted item is sufficiently binding on the first party to operate as consideration for the contract. As the factual statements of the original claim support a theory of anticipatory repudiation, the court may allow the new theory of claim at summary judgment, absent prejudice.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-16/C:17-2783:J:Ripple:aut:T:fnOp:N:2203557:S:0
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.