Option Contract • Sale of Real Estate • Perpetuity • Termination
Allentown Patriots, Inc. v. City of Allentown, PICS Case No. 17-0878 (Pa. Commw. May 23, 2017) Leadbetter, S.J. (14 pages).
Trial court erred in holding that an option contract between city and nonprofit was valid and enforceable and that city breached its terms in terminating contract because the option was not valid since it could not exist in perpetuity, it was remote that the conditions precedent could occur and all of the contingencies were in the sole control of the nonprofit allowing the nonprofit to hold the city hostage to a perpetual service agreement. Reversed.
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