Three Rivers Rock Co. v. Reed Crushed Stone Co.

STERNBERG, Justice.

This is an action for a specific performance of a written option for the sale and purchase of an easement. Appellee’s resistance to the action was made on five principal grounds, to-wit:

1. Violation of the rule against perpetu-ities (KRS 381.216);

2. Violation of the common-law rule against unreasonable restraint on alienation;

3. Lack of consideration;

4. Prior abandonment of the rights of grantees; and

5. The provisions of the instrument in question are so vague, indefinite and uncertain as to void the instrument.

The circuit judge determined that the option was void as being…