Wilhite v. Central Investment Properties

MESCHKE, Justice.

Central Investment Properties appeals from a judgment awarding $30,673.67 to I.J. Wilhite and others, denying Central a declaratory judgment fixing the option price for one parcel of land, and denying Central restitution of part of its purchase price for a partial assignment of an option on land. We affirm.

I. BACKGROUND

On August 20, 1974,1.J. Wilhite and Myron Atkinson obtained a “Land Option Agreement” from Clara Tatley to purchase 2,850 acres, approximately 18 quarter sections, of her farmland near Bismarck. The Option Agreement granted them the right to buy one quarter…