SCOTT v. FRY

No. 2-59305.

261 N.W.2d 179 (1977)

Bayard W. SCOTT and Bayard M. Scott and Sue Scott, his wife, Appellants, v. Thelma FRY, a single person and as Attorney in Fact for Leona Fry Jones and Glenn H. Jones, her husband, and Marion Fry and Eileen Fry, his wife, Leona Fry Jones and Glenn H. Jones, her husband, Marion Fry and Eileen Fry, his wife, Appellees.

Court of Appeals of Iowa.

November 10, 1977.


Attorney(s) appearing for the Case

Galen L. Grote, of Mossman & Grote, Vinton, for appellants.

James F. Pickens, of Pickens & Barnes, Cedar Rapids, for appellees.

Heard by ALLBEE, C. J., and DONIELSON, SNELL, OXBERGER and CARTER, JJ.


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...

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