Merriman v. Sandeen

YETKA, Justice.

This is an appeal by plaintiff from an order denying motions for amended findings of fact, conclusions of law, and order for judgment or a new trial. The district court sitting without a jury determined that plaintiff’s tender of a check which was dishonored by the drawee bank caused the lapse of the option to purchase defendants’ land. Plaintiff originally sued for specific performance. With the consent of defendants, a claim for compensatory damages was added. At trial plaintiff dropped his claim for specific performance. Because the trial court found that the option had…