Vogel v. Hohenstein

HAYS, Justice:

The appellants Vogel brought an action seeking to compel the appellees Hohenstein to specifically perform on the Vogels’ alleged exercise of a written option to purchase realty. The trial judge ordered the dismissal of the complaint. This court has jurisdiction of the resulting appeal pursuant to Rule 47(e)(5), Rules of the Supreme Court.

The material portions of the option provided as follows:

“$50,000.00, total selling price. $10,000.-00 down as of November 1, 1968. Balance in 10 years at 7 percent interest. If trust company is to be used as escrow agent it will be buyer expense.