Q. McDonald’s granted to Copeland the franchise in Omaha, Nebraska. In a split letter, it also granted him a right of first refusal for future franchises to be developed in Omaha council Bluff area. Copeland then sold all rights in his six McDonalds franchises to Schupack. While McDonalds offered a new franchise in the Omaha area to someone other than Schupack, Schupack attempted to exercise right in first refusal McDonalds would not recognize the right in Schupack, claiming that it was personal to Copeland and so non-assignable without their consent. Schupack brought an action for specific performance, requiring McDonald’s to accord him the right of first refusal. Is Schupack right in its contention?