Milton Isen v. Giant Food, Inc.

BAZELON, Circuit Judge.

Alleging breach of contract, our appellants sued appellee for specific performance or damages. They appeal from an order of the District Court which granted summary judgment for appellee on the ground that the contract violated the rule against perpetuities.

Appellants owned contracts to purchase certain unimproved land in Fair-fax County, Virginia, contingent on obtaining zoning for commercial purposes. Appellee, which operates a food market chain, desired that appellants build a store for its rental on a portion of the land. Accordingly the parties entered into an…