For Your Data Ferrero Structure Co. V. Dennis Rourke Corp. Illustration Brief
September 02, 2019
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Ferrero Construction Co. v. Dennis Rourke Corp. case brief summary
536 A.2d. 1137 (1988)
CASE FACTS
The purchaser as well as the seller entered into a contract for the buy of 2 lots. The contract contained a get-go right of refusal on remaining lots. The seller notified the purchaser yesteryear postal service of a 3rd political party offering to buy 1 of the remaining lots as well as afforded him the chance to submit a contract. The purchaser directly stated that it was exercising its right as well as submitted a contract. The seller rejected both offers. The purchaser brought an activity for specific performance.
PROCEDURAL HISTORY
The trial courtroom ruled the right of get-go refusal violated the dominion against perpetuities as well as was void as well as that the parties had non formed a contract. The courtroom of especial appeals reversed. The appellate courtroom granted the seller's petition for writ of certiorari.
DISCUSSION
CONCLUSION
The judgment of the courtroom of especial appeals was reversed, as well as the representative was remanded alongside directions to affirm the judgment of the circuit court.
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536 A.2d. 1137 (1988)
CASE SYNOPSIS
Defendant seller sought review of an gild of the Court of Special Appeals, Circuit Court for Montgomery County (Maryland) that held that the dominion against perpetuities was inapplicable, that the right of get-go refusal was valid, as well as concluded that the seller as well as plaintiff purchaser had entered into an independent contract for the buy as well as sale of the lot.CASE FACTS
The purchaser as well as the seller entered into a contract for the buy of 2 lots. The contract contained a get-go right of refusal on remaining lots. The seller notified the purchaser yesteryear postal service of a 3rd political party offering to buy 1 of the remaining lots as well as afforded him the chance to submit a contract. The purchaser directly stated that it was exercising its right as well as submitted a contract. The seller rejected both offers. The purchaser brought an activity for specific performance.
PROCEDURAL HISTORY
The trial courtroom ruled the right of get-go refusal violated the dominion against perpetuities as well as was void as well as that the parties had non formed a contract. The courtroom of especial appeals reversed. The appellate courtroom granted the seller's petition for writ of certiorari.
DISCUSSION
- The courtroom ruled that the dominion against perpetuities applied to the rights of get-go refusal as well as determined that the purchaser's right of get-go refusal was non express to a term of years, only was of unlimited duration because the right was conveyed betwixt 2 corporations, which had a perpetual existence.
- The circuit courtroom correctly held that the right of get-go refusal violated the dominion against perpetuities as well as was unenforceable.
CONCLUSION
The judgment of the courtroom of especial appeals was reversed, as well as the representative was remanded alongside directions to affirm the judgment of the circuit court.
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