Burke & Farrar, Inc. v. Campbell

Holcomb, J.

(dissenting) — It seems to me that the complaint does not state a cause of action. The contract is so indefinite that it is unenforcible.

Moreover, the decision fastens what is, in effect, a permanent lien for an indefinite number of years against and ties up the title to the property indefinitely —a thing the parties to the contract did not do or contemplate and there is no law justifying it.

I am obliged to dissent.

Parker, J., concurs with Holcomb, J.