Nature of the Case
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Facts
A deed in fee simple for a lot of ground contained a restriction that the original grantor would have to approve subsequent sales of the property until five years after the sale made in 1927. In March 1928, the grantees contracted to sell the property to Serio. Northwest refused to give its consent. The purchaser sued to compel specific performance of the agreement without the consent of the company; the covenant is void, or the consent was withheld in an arbitrary or unreasonable manner.
Holding and Decision
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Legal Analysis
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