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THREE RIVERS ROCK CO. v. REED CRUSHED STONE

530 S.W.2d 202 (1975)

THREE RIVERS ROCK COMPANY, Appellant, v. REED CRUSHED STONE COMPANY, INC., Appellee.

Court of Appeals of Kentucky.

November 14, 1975.

Attorney(s) appearing for the Case

Henry O. Whitlow, Waller, Threlkeld & Whitlow, Paducah, Balch, Bingham, Baker, Hawthorne & Williams, Birmingham, Ala., for appellant.

Raymond B. Dycus, Richard H. Peek, Smithland, John C. Lovett, Benton, for appellee.

STERNBERG, Justice.

This is an action for a specific performance of a written option for the sale and purchase of an easement. Appellee's resistance to the action was made on five principal grounds, to-wit:

1. Violation of the rule against perpetuities (KRS 381.216); 2. Violation of the common-law rule against unreasonable restraint on alienation; 3. Lack of consideration; 4. Prior abandonment of the rights of grantees; and<...

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