Miller v. McCullough

Nichols, Chief Justice.

This is an action for specific performance to enforce an option contract to buy improved real property. The plaintiff entered into three agreements with the defendants as a part of one transaction to purchase an established florist business in 1971: (1) a contract to buy the business; (2) a lease of the business premises for a five-year period; and (3) an option to purchase the business premises within a five-year period. In 1973 a fire on the premises partially destroyed the building. The defendants filed a declaratory judgment action to have the lease terminated under…