Smith v. Hickey

In an action for specific performance of an irrevocable option granted in a lease between the parties, the trial court ruled that the failure of plaintiff to pay property taxes as agreed was a breach of the lease agreement and therefore denied the requested relief. Plaintiff assigns as errors: (1) failure to decree specific performance after defendant testified that he would have allowed plaintiff to execute the option; (2) the finding that the failure to pay taxes was a breach of the agreement; and (3) the finding that defendant had not waived the breach. We review de novo. Larson v.…