KERLEY v. NU-WEST, INC.

No. 1 CA-CIV 9349.

158 Ariz. 344 (1988)

762 P.2d 631

Robert V. KERLEY, a married man dealing with his sole and separate property; Timberline Development Company, an Arizona corporation, on its own behalf and as a successor in interest to Quality Hill Construction Company, a joint venture, Plaintiffs-Appellants, v. NU-WEST, INC., a foreign corporation and L.C. Jacobson & Company, Defendants, Cross Claimant-Appellees.

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

September 22, 1988.


Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Richard A. Friedlander, Michael S. Rubin, Scott A. Holcomb, Phoenix, for plaintiffs-appellants.

Brown & Bain, P.A. by C. Randall Bain, C. Timothy Delaney, Joseph E. Mais, Phoenix, for L.C. Jacobson & Co.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Redfield T. Baum, Phoenix, for Nu-West, Inc.


OPINION

KLEINSCHMIDT, Judge.

This case presents questions of whether an agreement to sell land and a consulting agreement are invalid because they constitute an unreasonable restraint on alienation or because they violate the rule against perpetuities. We hold that the agreements are valid.

THE AGREEMENTS

L.C. Jacobson and Resorco, Inc. had an interest in a subdivision known as Pinetop Lakes. In 1980, acting through a trustee, they sold fifteen...

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