Legal Opinion
Jean Camerlo v. Howard Johnson Company
Court of Appeals for the Third Circuit
Decided June 30, 1983No. 82-5540PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this diversity case we encounter the rule against perpetuities, a subject not noted for the frequency of its appearance in federal court. The district court determined that the rule does not apply to leases that are perpetually renewable. We agree and affirm the judgment in this respect. Because a non-competition covenant in the lease at issue in this case does not present a question that is ripe for adjudication, however, we vacate the judgment on that claim.
Plaintiff sought a declaratory judgment that her lease with defendant was void on the…
2Cases cited21 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Keogh v. PeckIllinois Supreme Court · 1925
- Barton v. ThawSupreme Court of Pennsylvania · 1914
- Mather EstateSupreme Court of Pennsylvania · 1963
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3Cited by3 opinions
- Ralph R. Riehl, Jr. v. Travelers Insurance Co.Court of Appeals for the Third Circuit · 1985
- Exxon Corp. v. McManusMassachusetts Superior Court · 1997
- Ferrante v. Westin St. John Hotel Co.District Court, E.D. North Carolina · 2020