Rosenaur v. Pacelli

WAGLER, J. pro tem. *

This is an action for specific performance of an option to purchase agreement contained in a written lease of certain real property, or in the alternative for damages for breach of contract and for declaratory relief.

The trial court found that the option had not been exercised within the time of its life, denied plaintiffs all relief, and rendered judgment in favor of the defendants on their cross-complaint quieting their title to the property in question. Plaintiffs have appealed upon a clerk’s and reporter’s transcript.

The agreement is dated April 23, 1954. It consists…