Perry v. Brundage

We granted certiorari to review the opinion of the court of appeals in Brundage v. Perry, 41 Colo. App. 526, 592 P.2d 6 (1978). The trial court voided a real estate contract on the ground that it constituted an unreasonable restraint on alienation. The court of appeals reversed the trial court’s ruling and also held that the contract did not violate the rule against per-petuities. We agree that the trial court erred in voiding the contract but reach this result on the basis of rationales which we believe are more appropriate in resolving the issues of this case.

I

In 1968 respondent Brundage…