Willow Brook Recreation Center, Inc. v. Selle

Plaintiff, alleging that it had exercised an option given it to lease defendants’ property for 50 years, instituted this action for damages resulting from defendants’ refusal to execute and deliver the lease. Defendants’ motion for summary judgment was granted and plaintiff appeals. We affirm.

We do not agree with plaintiff’s contention that the option could be exercised merely by service of written notice of election to exercise it. Properly interpreted, the writings granting the option required that acceptance of the offer be manifested by written notice of election and “in addition” by…