Legal Opinion

Ferrero Construction Co. v. Dennis Rourke Corp.

Court of Appeals of Maryland

Decided February 10, 1988No. 139, September Term, 1985PublishedCited by 48 opinions

1Opinion of the Court

ELDRIDGE, Judge.

The principal question in this case is whether the Rule Against Perpetuities applies to a right of first refusal to purchase an interest in property.

The pertinent facts are as follows. On April 27, 1981, the plaintiff Dennis Rourke Corp. and the defendant Ferrero Construction Co. entered into a contract for the purchase of two lots on Mercy Court in Montgomery County, Maryland. This contract contained the following clause:

“In consideration of this contract, the Seller [Ferrero] agrees to extend to the Purchaser [Rourke] a first right of refusal on the future sale of any of the…

2Cases cited51 opinions

  1. Cherokee Water Co. v. ForderhauseTexas Supreme Court · 1982
  2. Pennsylvania National Mutual Casualty Insurance v. GartelmanCourt of Appeals of Maryland · 1980
  3. Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
  4. Prince De Bearn v. WinansCourt of Appeals of Maryland · 1909
  5. Robroy Land Co. v. PratherWashington Supreme Court · 1980

46 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Stuart Kingston, Inc. v. RobinsonSupreme Court of Delaware · 1991
  2. Manufactured Housing Communities v. StateWashington Supreme Court · 2000
  3. Arundel Corp. v. MarieCourt of Appeals of Maryland · 2004
  4. Janusz v. GilliamCourt of Appeals of Maryland · 2008
  5. Montgomery County v. StevensCourt of Appeals of Maryland · 1995

43 more not listed; retrieve them via the Exa API.

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