For Your Data Northwest Existent Estate Co. V. Serio Representative Brief
February 05, 2002
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Northwest Real Estate Co. v. Serio representative brief summary
144 A. 245 (Md. 1929)
CASE FACTS
The covenant inwards the deed that conveyed existent holding to the vendors inwards fee uncomplicated restricted the vendors' correct to sell their holding to the grantor's reservation of the correct to produce upwards one's heed the suitability of whatever potential purchaser.
DISCUSSION
CONCLUSION
The courtroom affirmed the decree that declared a covenant inwards a deed was void equally an invalid restraint on alienation.
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144 A. 245 (Md. 1929)
CASE SYNOPSIS
Defendant grantor appealed a decree from the Circuit Court of Baltimore City (Maryland) that declared a covenant inwards a deed that required the grantor's consent to a sale was void, in addition to that directed the grantor in addition to vendors to specifically perform on a contract of sale of holding upon the payment past times plaintiff purchasers of the buy money.CASE FACTS
The covenant inwards the deed that conveyed existent holding to the vendors inwards fee uncomplicated restricted the vendors' correct to sell their holding to the grantor's reservation of the correct to produce upwards one's heed the suitability of whatever potential purchaser.
DISCUSSION
- The courtroom affirmed the decree that held the covenant was void, in addition to that ordered specific surgery of the contract of sale betwixt the vendors in addition to the purchasers.
- The courtroom held that the covenant was an invalid restraint on alienation because on the ane manus it gave the vendors a fee uncomplicated estate, in addition to on the other manus restrained the vendors' mightiness to sell equally fee uncomplicated estate owners.
- Furthermore the fact that the covenant had express duration was irrelevant.
CONCLUSION
The courtroom affirmed the decree that declared a covenant inwards a deed was void equally an invalid restraint on alienation.
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