Roemer v. Sinclair Refining Company

Opinion by

Mr. Justice Moore.

We will refer to plaintiffs in error as defendants, and to defendant in error as Sinclair.

Sinclair commenced the action for specific performance upon its election to exercise an alleged option to purchase certain real estate in Castle Rock, Colorado, which had been occupied by it since 1932 under a lease and option agreement entered into with the predecessor in interest of defendants.

Defendants answered the complaint and filed a counterclaim for damages allegedly sustained by them resulting from the alleged unlawful withholding by Sinclair of the real estate from…