Urquhart v. Teller

specially concurring in part and dissenting in part.

¶35 I concur with the majority’s conclusion that the preemptive right of first refusal claimed by the plaintiffs is void as an unreasonable restraint on alienation. I dissent from that part of the majority opinion which holds that the restrictive covenants agreed upon by the Tellers and Urquharts as partial consideration for the transfer of real estate among them are unenforceable.

¶36 The real estate contract executed by the parties included the following relevant provisions:

IT IS SPECIFICALLY AGREED by the parties hereto that there shall be…