First Huntington National Bank v. Gideon-Broh Realty Co.

I respectfully dissent from the Court’s opinion in this, case.

The point of departure in my views from those expressed in the Court’s opinion rests on the proposition that the agreement and deed made by Switzer and wife, McCullough and wife to Meadows, dated the 27th day of December, 1919, was a contract of sale and purchase, with a proviso that at the end of twenty-eight years, Meadows was to pay one dollar and acquire the legal title. Clearly, the payments of $100.00 each month were payments of the purchase price by way of monthly installments.

The rule against perpetuities has been subjected…