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Coulter & Smith, Ltd. v. Russell

Utah Court of Appeals

925 P.2d 1258 (1996)

Relevant factsFree

Coulter (plaintiff) drafted a letter offering to purchase subdivided lots from Russell and other landowners (defendants) after Coulter completed developing a subdivision, with the option set to expire two years after that undefined completion date; when development delays persisted for years and the defendants threatened to sell to another developer, Coulter sued for specific performance, and the trial court ruled the option agreement invalid.

IssueFree

Whether an option to purchase land is an interest in the land subject to the rule against perpetuities.

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