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Legal Opinion

Malad, Inc. v. Miller

Court of Appeals of Arizona

Decided July 3, 2008No. 1 CA-CV 07-0680PublishedCited by 5 opinions

1Opinion of the Court

OPINION

IRVINE, Presiding Judge.

¶ 1 This ease involves the rule against perpetuities and its application to a commercial real estate sales agreement. For the following reasons, we find that the rule against perpetuities does not render void a commercial real estate sales agreement that fails to include a specific time period for performance if it is reasonable to conclude that the parties intended performance within a reasonable time period. Therefore, we reverse and remand for further proceedings consistent with this decision.

FACTS AND PROCEDURAL HISTORY

¶2 On November 16, 2001, Malad, Inc.…

2Cases cited18 opinions

  1. Orme School v. ReevesArizona Supreme Court · 1990
  2. Wong v. Di GraziaCalifornia Supreme Court · 1963
  3. Zancanaro v. CrossArizona Supreme Court · 1959
  4. Link v. Pima CountyCourt of Appeals of Arizona · 1998
  5. Shattuck v. Precision-Toyota, Inc.Arizona Supreme Court · 1977

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3Cited by5 opinions

  1. Zeagler v. BuckleyCourt of Appeals of Arizona · 2009
  2. AGA SHAREHOLDERS, LLC v. CSK Auto, Inc.District Court, D. Arizona · 2008
  3. Ezell v. QuonCourt of Appeals of Arizona · 2010
  4. Ezell v. QuonCourt of Appeals of Arizona · 2010
  5. Zeagler v. BuckleyCourt of Appeals of Arizona · 2009

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