RODIN v. MERRITT

No. 7915SC639.

268 S.E.2d 539 (1980)

48 N.C. App. 64

Sylvia RODIN and Gertrude Groten v. Eben MERRITT.

Court of Appeals of North Carolina.

August 5, 1980.


Attorney(s) appearing for the Case

Powe, Porter, Alphin & Whichard by Charles R. Holton and Eugene F. Dauchert, Jr., Durham, for plaintiff-appellant.

Alexander & McCormick by Sydenham B. Alexander, Jr., and John G. McCormick, Durham, for defendant-appellee.


MORRIS, Chief Judge.

Plaintiffs' one assignment of error is directed to the court's ruling that the agreement is void and unenforceable as a matter of law. Plaintiffs contend that the agreement is not violative of the rule against perpetuities. We agree.

Under the terms of the contract, "Seller agrees to sell and convey, and the Purchaser agrees to purchase all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected...

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