Brown v. Brown

BERMAN, Judge.

Plaintiffs appeal the trial court’s granting of defendant’s motion for summary judgment. We reverse.

In 1959, plaintiffs entered into an option agreement with the deceased, Mabel Inez Brown, for the purchase of certain property owned by the deceased at a price of $6,000. The agreement was recorded and provided that “upon [the deceased’s] election to sell the above described property, or upon her death,” the plaintiffs could exercise their option to buy the land. In the event of the deceased’s death, the plaintiffs, in order to exercise the option, were required to give written…