Legal Opinion
Zecco v. Hess Corp.
District Court, D. Massachusetts
Decided March 3, 2011No. Civil Action 10-10319-FDSPublished
1Opinion of the Court
MEMORANDUM AND ORDER CERTIFYING A QUESTION OF STATE LAW TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS
SAYLOR, District Judge.
This is a contract dispute concerning the validity and enforceability of an option to purchase land contained in a lease. Jurisdiction is based on diversity of citizenship. The key issue is whether the common-law rule against perpetuities applies to an option to purchase land appurtenant to a commercial lease.
In 1984, the Supreme Judicial Court held that an option in gross' — that is, an option that is not annexed to a lease — is subject to the rule against…
2Cases cited24 opinions
- Eastman Marble Co. v. Vermont Marble Co.Massachusetts Supreme Judicial Court · 1920
- Ropes & Gray LLP v. Jalbert (In Re Engage, Inc.)Court of Appeals for the First Circuit · 2008
- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
- Mutual Paper Co. v. Hoague-Sprague Corp.Massachusetts Supreme Judicial Court · 1937
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