Allen v. Smith

Opinion

HALLER, J.

In this breach of contract action, plaintiff Barbara Allen appeals a summary judgment in favor of defendants Frank L. Smith and Jeri R. Schwartz Smith. The court found the parties’ agreement gave Allen an option to purchase the Smiths’ residential property, and after declining to exercise the option she was not entitled to a refund of any portion of her $100,000 deposit because it was a nonrefundable option fee. Allen persuasively contends the contract was actually a purchase and sale agreement and the court’s misinterpretation of it as an option and the $100,000 deposit as…