Hott v. Pearcy/Christon, Inc.

The majority devotes considerable space to the issue of whether the document in question was an option or a contract of sale. I find the majority’s conclusion unnecessary because an option is a contract — for which there must be consideration. Therefore, if there was no consideration passing from Hott to Pearcy/Christon — as majority contends and I agree — the document was a nudum pactum: no contract at all. This is a basic truth regardless of whether the document is an option or a contract of sale.

I further disagree with the majority’s disposition of the issues of estoppel and fraud.…