EVANS PRODUCTS COMPANY v. Swanger

MEMORANDUM AND ORDER TROUTMAN, District Judge.

In this action brought by a lessee-optionee against a lessor-optionor, plaintiff is seeking specific performance of a lease agreement containing an option to purchase the leased premises or, in the alternative, is seeking damages for breach of said agreement. Before the Court is defendants’ motion to dismiss the complaint, which we shall treat as a motion for summary judgment. 1

The undisputed facts are as follows: On August 8, 1962, plaintiffs predecessor in interest, Seaboard Plywood and Lumber Company, entered into a written lease agreement with…