SMITH v. MITCHELL

No. 7917SC323.

261 S.E.2d 231 (1980)

44 N.C. App. 474

W. Osmond SMITH, III v. Jack MITCHELL and wife, Laura Mitchell, and Thomas G. Barber and wife, Sandra M. Barber.

Court of Appeals of North Carolina.

January 8, 1980.


Attorney(s) appearing for the Case

W. Osmond Smith, III, Yanceyville, and Ramsey, Hubbard & Galloway, by Mark E. Galloway, Roxboro, for plaintiff appellant.

Latham, Wood & Balog, by B. F. Wood, Graham, for defendants appellees.


HEDRICK, Judge.

This case presents squarely for our resolution the question of whether any restriction on a landowner's right to freely alienate his property, even though limited as to time and certain as to price, is void as an invalid restraint on alienation. We hold that it is. Summary judgment, therefore, was properly entered for defendants.

We are cognizant that, in so holding, we stand in apparent opposition...

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