Zitzow v. Diederich

VANDE WALLE, Justice.

Art and Theola Diederich appealed from a judgment of the district court, Richland County, awarding Duane and Lois Zitzow damages plus interest and costs and disbursements in the amount of $10,336.93 for breach of a contract which the trial court determined existed between the Zitzows and the Diederiehs for the sale and purchase of the Zitzows’ house. We reverse the judgment of the district court for the reason that we conclude that the agreement between the parties was an option and not a contract for the sale and purchase of a house.

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Duane and Lois Zitzow listed their…