Klein v. McCullough

FILED June 7, 2021 EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS No. 19-0888 – Klein v. McCullough OF WEST VIRGINIA Armstead, Justice, concurring, joined by Justice Wooton: I concur with the majority’s decision reversing the circuit court’s order based on its conclusion that “[a] clause in a deed giving a stranger a right of first refusal is neither a reservation nor an exception to the granting clause of the deed. Hence, the clause may not be considered void under the ‘stranger to the deed’ rule expressed in Syllabus Point 3 of Erwin v. Bethlehem Steel Corp., 134 W. Va. 900,

62 S.E.2d 337