Rosenblum v. Eisenhauer

On February 8, 1965, the plaintiffs by assignment obtained an option to buy, in Farmington, a tract of land hereinafter referred to as the Barnett tract. The option included the following clause: “The seller agrees to permit the buyer, his heirs or assigns, to remove from the adjacent property of the seller, without cost but at the buyer’s expense a sufficient quantity of fill to bring the herein described property to a level acceptable to the buyer and the Town of Farmington.” By agreement dated March 30, 1965, the option was amended to provide, in effect, that it could be exercised up to…