Feider v. Feider
Washington Court of Appeals
699 P.2d 801 (1985)
Francis Feider (defendant) and his brother Andrew owned adjoining parcels and signed an agreement giving Andrew a right of first refusal if Francis ever sold his land. After Andrew died, Francis sold his property to the Hechts (defendants) without offering it to Andrew's children (plaintiffs) first. Andrew's children sued to enforce the agreement and enjoin the sale, and Francis argued the covenant was personal to Andrew alone. The trial court granted Francis summary judgment, and the children appealed.
Whether a covenant runs with the land when it is enforceable between the original parties, touches and concerns the burdened and benefited land, the parties intended it to bind successors, and there is both vertical and horizontal privity of estate.