Prendergast v. Snoeberger

Vukovich, Judge.

{¶ 1} Defendants-appellants, James and Barbara Snoeberger, timely appeal the decision of the Carroll County Common Pleas Court granting summary judgment in favor of plaintiffs-appellees, David and Rebecca Prendergast, in the Prendergasts’ declaratory judgment action. We must determine the enforceability of the parties’ contract, which was executed after the subject realty was transferred to the Prendergasts by deed from the Snoebergers and which contained a restraint on alienation of the Prendergasts’ property. Because the contract lacked consideration, the trial court’s…