NORTHWEST REAL ESTATE CO. V. SERIO
144 A. 245 (Md. 1929)
NATURE OF THE CASE: This was a dispute over an alienation clause in a deed.
FACTS: A deed in fee simple for a lot of ground contained a restriction that the original
grantor would have to approve subsequent sales of the property until five years after the
sale made in 1927. In March 1928, the grantees contracted to sell the property to Serio.
Northwest refused to give its consent. The purchaser sued to compel specific performance of
the agreement without the consent of the company; the covenant is void or the consent was
withheld in an arbitrary or unreasonable manner.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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