Legal Opinion
Dennis Rourke Corp. v. Ferrero Construction Co.
Court of Special Appeals of Maryland
Decided October 9, 1985No. 651, September Term, 1985PublishedCited by 4 opinions
1Opinion of the Court
ROSALYN B. BELL, Judge.
We are asked to decide whether the rule against perpetuities applies to a right of first refusal granted by one corporation to another, when no termination date is provid ed. Our response is that it does not apply to this right of first refusal. We will explore that right.
Dennis Rourke Corporation, a Maryland Corporation, (appellant) purchased two lots from Ferrero Construction Company, a Maryland Corporation (appellee). The contract contained what is known as a pre-emptive right or right of first refusal and provided that
“[i]n consideration of this contract, the Seller…
2Cases cited29 opinions
- Cherokee Water Co. v. ForderhauseTexas Supreme Court · 1982
- Robroy Land Co. v. PratherWashington Supreme Court · 1980
- Atchison v. City of EnglewoodSupreme Court of Colorado · 1977
- Weber v. Texas Co.Court of Appeals for the Fifth Circuit · 1936
- Atchison v. City of EnglewoodSupreme Court of Colorado · 1970
24 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ferrero Construction Co. v. Dennis Rourke Corp.Court of Appeals of Maryland · 1988
- Lake of the Woods Ass'n, Inc. v. McHughSupreme Court of Virginia · 1989
- Anderson v. 50 East 72nd Street CondominiumAppellate Division of the Supreme Court of the State of New York · 1986
- Ferrero Construction Co. v. Dennis Rourke Corp.Court of Appeals of Maryland · 1988