Waterway Gas 'N Wash, Inc. v. Sandbothe

CLEMENS, Presiding Judge.

Plaintiff-optionee sued defendant-option-ors to recover a $2,500 refundable deposit plaintiff had paid defendants for an option to buy their land. Judgment was for defendants and plaintiff has appealed.

The issues: Did plaintiff comply with its contractual obligation to use its best efforts to obtain rezoning? If not, did defendant waive that requirement?

Plaintiff-optionee and defendants-option-ors entered into a contract whereby plaintiff paid defendants $2,500 for a one-year option to purchase its land. The option contract provided plaintiff would use its best effort…