Wilson v. Whinery

The estate of William D. Whinery and Gwendolyn S. Whinery (hereafter Whinerys) appeal a judgment quieting title to a parcel of real property in Richard D. Wilson, pursuant to a right of first refusal. The Whinerys allege the right of first refusal is void as an unreasonable restraint on alienation, no "sale" of the property took place, the trial judge erred in excluding evidence, and the trial judge erred in failing to reform a lease agreement to either include a 20-year term or declare a year-to-year tenancy. We affirm.

In 1975, The Whinerys sold Wilson a parcel of property (parcel A), and in…