Shiver v. Benton

304 S.E.2d 903 (1983)

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Nature of the Case

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Facts

Land was leased to Georgia Marble Company. The present lease was to expire in 1984. Shriver, one of the cotenants, executed a contract to sell her 3/16th interest in the property to Georgia. Benton and Davis, trustees for another cotenant's interest, filed suit to enjoin the sale; the Shriver sale violated a first right of refusal agreement. The first right of refusal agreement was entered into in 1970 between the twelve fractional owners of the land. (The agreement is listed on page 259 Rabin 4th). Summary judgment was denied to Shiver (D), and this appeal ensued.