Bruggeman v. Jerry's Enterprises, Inc.

OPINION

LANCASTER, Justice.

The issue presented by this appeal is whether the merger doctrine applies to an agreement giving the seller the right to repurchase a parcel of real property if the buyer has not started development of the property within two years. The court of appeals, reversing the district court’s grant of summary judgment for the buyer, concluded that the merger doctrine does not apply to agreements that are both a condition subsequent and collateral to the subsequently executed deed. We affirm.

On February 16, 1994, respondents, William L. Bruggeman and The Builders Wholesale,…