Passmore v. Woodard

BRITT, Judge.

PLAINTIFF’S CROSS APPEAL

Plaintiff contends the trial court erred in. concluding as a matter of law that she was not entitled to specific performance of the option agreement. We find no merit in this contention.

An option is not itself a contract to sell but is transformed into such a contract upon acceptance by the optionee in accordance with its terms. The contract then becomes specifically enforceable if it is otherwise a proper subject for such equitable relief. Kidd v. Early, 289 N.C. 343, 222 S.E. 2d 392 (1976); Byrd v. Freeman, 252 N.C. 724, 114 S.E. 2d 715 (1960). However,…