Gourley v. O'DONNELL

Plaintiff appeals from a circuit court "Judgment and Decree” holding that the lease agreement between plaintiff and defendant O’Donnell 1 was legally terminated for nonpayment of rent and taxes and declaring that plaintiff was not entitled to exercise the option to purchase stated in the lease. Plaintiff contends on appeal: 1) that the option agreement is enforceable as a separate agreement and is not precluded by virtue of the lease termination; 2) that defendant has been unjustly enriched by the improvements plaintiff made to the property to render it arable and, therefore, a constructive…