MALAD, INC. v. MILLER

No. 1 CA-CV 07-0680.

199 P.3d 623 (2008)

MALAD, INC., an Arizona corporation, Plaintiff/Appellant, v. Robert C. MILLER and Janice Miller, husband and wife, Defendants/Appellees.

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

Review Denied December 4, 2008.


Attorney(s) appearing for the Case

Lake & Cobb, P.L.C. By Joel E. Sannes, R. Kris Bailey, Joseph J. Glenn, Tempe, Attorneys for Plaintiff/Appellant.

Thomas, Thomas & Markson, P.C. By Neal B. Thomas, Michael G. Kelley, Phoenix, Attorneys for Defendants/Appellees.


OPINION

IRVINE, Presiding Judge.

¶ 1 This case involves the rule against perpetuities and its application to a commercial real estate sales agreement. For the following reasons, we find that the rule against perpetuities does not render void a commercial real estate sales agreement that fails to include a specific time period for performance if it is reasonable to conclude that the parties intended performance within a reasonable time period. Therefore...

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