J.S.K. Realty Co. v. New Plan Realty Trust

OPINION

J.S.K. Realty Company (“JSK”) appeals the district court’s holding that it and New Plan Realty Trust (“New Plan”) are bound by a signed written lease agreement and that JSK does not have the option to purchase the leased property. Two issues are before the Court. First, whether the district court erred in finding that JSK and New Plan did not enter an oral option agreement. Second, whether New Plan fraudulently induced JSK into entering the lease agreement with the promise of an oral option. During a two-day trial, the district court heard conflicting testimony as to the existence of…