Duval v. Steele

STEINFELD, Judge.

Appellee, Eleanor Chinn Steele, brought an action seeking a declaration of rights (KRS 418.040;, CR 57) and an adjudication that a lease from her to appellant, Ora F. Duval, had been terminated. The lease had been assigned to appellant, Ted Osborn, who counterclaimed for specific performance to require Mrs. Steele to con*15vey the leased land to him pursuant to an option included in the lease, and for damages. The trial court found that the lease had not been terminated but it dismissed the counterclaim. Duval and Osborn appeal. We reverse.

Mrs. Steele, the owner of the 17-acre…