Fleischmann v. Donner

(dissenting).

I respectfully dissent.

On September 24, 1970, the appellant-plaintiffs, Louis L. Fleischmann and Eve Helen Fleischmann, entered into a written agreement with Patrician Associates II, a partnership composed of Sam Donner, Charles Donner, and William Donner, for an option to purchase one of the condominium apartments the partnership was planning to erect. The appellants had the right under the agreement to exercise the option at any time before (a) the roof of the building was completed, if the condominium was actually built; (b) September 24, 1972; or (c) the date the property was…