Otteson v. Malone

MAUGHAN, Justice:

The plaintiffs commenced these proceedings seeking rescission of an option contained in a lease. The defendants counterclaimed for specific performance of the option. Defendant’s appeal from a decision of the court declaring the option invalid. We reverse and remand with instructions to order specific performance for defendants, pursuant to the terms of the contract. No costs awarded.

Prior to June 27, 1974, the defendants had purchased from the plaintiffs 10 acres of land without water rights. On June 27, 1974, the plaintiffs and defendants entered into a lease of 28 acres of…