Scott v. Fry

ALLBEE, Chief Judge.

Plaintiffs-lessees brought action against defendants-lessors for specific performance of an option to purchase contained in a farm lease. Trial court held that the option was conditional and denied specific performance. Plaintiffs appeal.

The issue is whether the option, paragraph 10 of the lease, is absolute or merely preferential and conditional upon defendants’ desire to sell the farm. Paragraph 10 provides:

10. As part of this Lease Agreement, the parties and each of them do agree and the Landlord herein does hereby grant unto the Tenant, herein, the First Option to…