Legal Opinion

Read v. GHDC, INC.

Supreme Court of Georgia

Decided September 12, 1985No. 42097PublishedCited by 13 opinions

1Opinion of the Court

Clarke, Justice.

This case involves the enforceability of a real estate sales contract and raises the questions of contract construction and applicability of the rule against perpetuities. The trial court noted the contract as amended contains no time limitation for its performance and held that it violates the rule against perpetuities. We construe the contract as one which must be performed within a reasonable time and therefore does not violate the rule even if the rule should apply to commercial contracts for the sale of real estate.

The contract between GHDC, Inc., as seller, and Read, as…

2Cases cited5 opinions

  1. Whitley v. PatrickSupreme Court of Georgia · 1970
  2. Kirkland v. OdumSupreme Court of Georgia · 1923
  3. Thomas v. MurrowSupreme Court of Georgia · 1980
  4. Brown v. McInvaleCourt of Appeals of Georgia · 1968
  5. Seal v. First Bank & Trust CompanyCourt of Appeals of Georgia · 1982

3Cited by13 opinions

  1. Coulter & Smith, Ltd. v. RussellUtah Supreme Court · 1998
  2. Triple Eagle Associates, Inc. v. Pbk, Inc.Court of Appeals of Georgia · 2010
  3. IH RIVERDALE, LLC v. McChesney Capital Partners, LLCCourt of Appeals of Georgia · 2006
  4. Dorado Ltd. Partnership v. Broadneck Development Corp.Court of Appeals of Maryland · 1989
  5. Hays v. CoeCourt of Special Appeals of Maryland · 1991

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