Birkmeier v. Herget National Bank

This appeal stems from a suit for specific performance of an option agreement. The plaintiff Berkmeier attempted to purchase an option (consideration $1,000) to buy farmland owned by Amos - Fornoff. A first draft of an option was prepared by Fornoff s attorney in February 1978. The plaintiff since 1971 had farmed as a tenant as much as 255 acres for Fornoff. The option provided that Berkmeier would pay $400 per acre for the land and that his indebtedness would bear interest at 6% per annum. A copy of the first draft of the option was sent to plaintiff’s attorney. Subsequently the option was…