Worms v. Burgess

ROMANG, Judge:

This is an appeal from the granting of a Rule 13 motion for judgment where facts are not controverted (Summary Judgment).

Plaintiff-Appellants (Optionee) are the successors in interest to the holder of an option contract 1 with the Defendant-Ap-pellees (Optionor). Under the terms of the option contract if the Optionee “elects to exercise the option to purchase . .. [described real property, the Optionor] shall be notified by registered mail on or before August 21,1977, of the intention to so exercise said option.” The Optionee dispatched its notice on August 20th but said notice…