Procter v. Foxmeyer Drug Co.

OPINION

LAGARDE, Justice.

This ease presents the issue of whether a corporation, unhappy with an obligation that it voluntarily assumed by an agreement it drafted, may avoid that obligation under the public policy preventing unreasonable restraints on alienation of property. We conclude that it may.

Doak C. Procter, III appeals from a summary judgment declaring that his contractual option to purchase real property from appel-lee Foxmeyer Drug Company is an unreasonable restraint on alienation. In four points of error, Procter complains that (i) as a matter of law the option is not an…