American Fence, Inc. v. Wham

OPINION

In this action, appellants American Fence, Inc. and its president, Robert V. Steuteville, seek specific performance of an option to purchase real estate. The option had been granted in connection with a lease of the property to American Fence by respondents. Appellant Jack Matthews & Co. seeks recovery of a broker’s commission allegedly due on the purchase price. After cross motions for summary judgment, the district court concluded that the option had been extinguished by the termination of the lease and, as a consequence, granted summary judgment for respondents. This appeal…