Fullington v. M. Penn Phillips Co.

Although conceding the speculative nature of the damages sought by the option holder, the majority holds that the speculative nature of the damages is insufficient reason to deny them. There are several reasons why I cannot agree.

The majority assumes that the option holder has been deprived of the right to wait until the end of the option period to make up his mind whether or not to exercise the option. In the case at bar, this assumption is unwarranted.

If all of the plaintiff’s evidence is credible, the lessor-optionor may have committed an anticipatory *327breach of the lease agreement.…