Pinchin v. Kinney by and Thru Kinney

POWERS, Justice.

Appellant Henry Pinchin appeals a summary judgment which granted appellee, the Estate of Henriette J. Kinney, specific performance of an option right to purchase a parcel of real property, allegedly exercised by Mrs. Kinney during her lifetime. Wally Kinney maintains the action as independent executor of Mrs. Kinney’s estate.

The option right was granted Mrs. Kinney in connection with her lease of a house from appellant. The lease instrument, signed by the parties on October 6, 1977, contains the following provisions pertinent to the appeal:

“2. Such lease is for a term of…