Wiesenthal v. Young

The issue is whether in a deed of real property, otherwise absolute on its face, a covenant that the grantees will not sell, transfer or lease any part thereof for a period of two years followed by a statement that ‘ ‘ This restriction against the sale, transfer and leasing may be waived by the grantors ” on payment by the grantees of $1,000 — is an illegal restraint upon alienation and void.

Plaintiffs, sellers, delivered the deed on June 9, 1950, to defendants, buyers, for a consideration stated therein of $4,004; in October, 1950, the buyers conveyed the same realty to another ; in…