Bowen v. Olsen

HALL, Justice.

Plaintiff appeals from a judgment denying specific performance of an option clause in an Earnest Money Receipt and Offer to Purchase. He asserts the district judge erred in determining that his realtor agent had authority to waive the option and that the agreement was abrogated and merged into the subsequent deed and agreement entered into by the parties.

Plaintiff was never personally present during any of the negotiations between the parties but was represented by an agent, Gardner, throughout the whole transaction. Gardner prepared the Earnest Money Receipt and Offer to…