Burns Manufacturing Co., Inc. v. Boehm

OPINION OF THE COURT

POMEROY, Justice.

In 1974, appellee, Burns Manufacturing Company, attempted to exercise an option to purchase two lots of land currently leased by appellee from the owners, appellants Joseph and Alma Boehm. When appellants refused to convey the property, appellee instituted the instant equity action to compel specific performance. After a trial, the chancellor ordered appellants to convey a “free, clear and merchantable title,” ruled that appellants had neither expressly nor impliedly reserved a right-of-way over the land, and concluded that under the terms of the option…