Caplan v. Goldstein

This appeal presents the narrow question whether an option to purchase land, contained in a lease, may be exercised by a tenant holding over. The facts are undisputed, and the question comes here upon the granting of the tenant’s motion for summary judgment in a bill for specific performance by the tenant.

On September 25, 1955, the Caplans executed a lease of a tract of unimproved land to Goldstein for a period of six months at a rental of $150.00 per month. The tenant was given the right to place improvements thereon, and did so. The lease provided in paragraph 3 that the tenant should have…