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BYKE CONST. CO., INC. v. MILLER

No. 1 CA-CIV 6639.

140 Ariz. 57 (1984)

680 P.2d 193

BYKE CONSTRUCTION COMPANY, INC., an Arizona corporation, Plaintiff-Appellant, v. Leon MILLER and Vivian E. Miller, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied April 17, 1984.

Attorney(s) appearing for the Case

Crampton, Woods, Broening & Oberg by Don P. Crampton, Phoenix, for plaintiff-appellant.

Wentworth & Lundin by Timothy H. Barnes and Jeanne C. Young, Phoenix, for defendants-appellees.

OPINION

GREER, Judge.

In this matter we have an opportunity to discuss a doctrine long cherished by law school professors and dreaded by most law students: the infamous rule against perpetuities. The facts in this matter are not in dispute.

Appellant, Byke Construction Corp. (Byke), sold certain real property to appellees, Leo and Vivian Miller (Millers). The escrow instructions executed by the parties contained the following option to repurchase:...

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