Nu-Way Service Stations, Inc. v. Vandenberg Bros. Oil Co.

I am in accord with the opinion by Mr. Justice Wiest in so far as it holds that the option in question is valid and that it constitutes a covenant running with the land. But I cannot agree with his statement that “defendant had a right to accept the terms of the option when the sale was made to plaintiff.” The contract sale to plaintiff was made October 27, 1936. The option held by defendant did not give it a right to purchase on that date. Instead the option was limited by its own terms to a period of 90 days beginning at the expir ation of defendant’s lease, February 1, 1937. Tbe option…