Davidson v. Wyatt

This is a suit by optionees to obtain specific performance of a written option to purchase real property. The trial court sustained defendant optionor’s demurrer to the plaintiffs’ second amended complaint, and judgment was thereafter entered for the defendant. The Court of Appeals, in a per curiam opinion, reversed and remanded. 41 Or App 187 (1979).

The defendant, in his petition for review, contends that the trial court’s ruling should be upheld for either of two reasons. The first is that the complaint did not allege that the option was exercised according to its terms either during the…