McKenzie v. Feldman

JACKSON, Chief Justice.

This is an appeal by defendant McKenzie from the trial court’s judgment, in the nature of a decree for specific performance in favor of plaintiff Feldman, ordering the defendant to give his written consent to the construction of a building upon premises owned by defendant McKenzie and leased to plaintiff Feldman.

The contract between the parties, executed in 1958, is a lease contract for a minimum of 14 years with an option to purchase. When the option is exercised (after 14 years and the death of McKenzie) the accrued rental payments in effect become purchase money and…