For Your Data Urquhart V. Teller Illustration Brief

Urquhart v. Teller case brief summary
958 P.2d 714 (1998)

CASE SYNOPSIS

Appellant buyers brought an activity against respondents, seller as well as non-profit corporation, to enforce an pick to purchase. The seller as well as non-profit corporation filed a counterclaim to enforce restrictive covenants. The 21st Judicial District Court, Ravalli County (Montana) granted partial summary judgment for the buyers as well as for the seller as well as non-profit corporation of each other's claims. The parties appealed.

CASE FACTS
The buyers argued that they had an pick to purchase 10 acres of province from the seller who transferred the province to the non-profit corporation. The seller contended that the buyers had violated covenants that restricted constructing improvements on or selling portions of the property.

DISCUSSION

The courtroom concluded that the district courtroom properly granted partial summary judgment for the parties. The courtroom constitute that the correct of kickoff refusal was void, equally an unreasonable restraint on alienation.
The restraint was unreasonable inwards stance of the dandy disparity betwixt the pick toll as well as the property's electrical current marketplace value as well as the failure of the buyers' legitimate role of obtaining ownership to neighboring property.
The courtroom held that buyers as well as the seller did non retrieve for the covenants to hold upwards collateral agreements, therefore, they merged alongside as well as were extinguished yesteryear the unrestricted warranty deed.

CONCLUSION
The courtroom affirmed the district court's decision.

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