Hansen v. Stroecker

699 P.2d 871 (1985)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

On December 31, 1971, Hansen and Stroeker (P) signed an agreement called an Option to Purchase. P paid Hansen $1,500 in exchange for an option to purchase seven parcels of land. The total purchase price could not be determined until a survey of the land was completed and the total square footage for two of the parcels was determined. The agreement did not give a strike date for the option. Hansen died in 1976. P had the property surveyed in 1980 and sent a check that August for the balance of the purchase price; $1028.00. Mrs. Hansen (D) refused to deliver the property to P and P sued for specific performance. P moved for summary judgment and D opposed in that the option agreement violated the Rule Against Perpetuities. P's motion was granted, but a motion for attorney fees was denied. Both parties appealed. The trial court determined that the agreement was not an option but a real estate contract which conveyed a vested interest in P when the contract was signed.