Dennis and Charlene Deckert appealed the grant of summary judgment dismissing their action for a declaratory judgment and specific performance of an option to purchase certain Burleigh County real property and quieting title to the property in Margaret McCormick and Judy Hertz. Because the Supreme Court concluded there was no genuine issue of material fact that the Deckerts did not properly exercise the gratuitous option before it was revoked, the Court affirmed the judgment.
Court Description: To obtain an enforceable right to the property under an option, the optionee must exercise the option within the time and upon the terms and conditions provided in the option agreement.
If no consideration is given for an option to purchase real estate, the option may be withdrawn at any time before acceptance. Dennis and Charlene Deckert, Plaintiffs and Appellants v. Margaret L. Zachary E. Pelham argued and Benjamin W. Keup appeared , P. Box , Bismarck, N. Micheal A. Mulloy argued , P. Coles argued , P. Because we conclude there is no genuine issue of material fact that the Deckerts did not properly exercise the gratuitous option before it was revoked, we affirm the judgment.
In , McCormick owned 12 quarter sections of land in Burleigh County. After hiring an attorney to assist her in estate planning, McCormick transferred two quarter sections of land to each child through quit claim deeds, reserving in herself life estates.
On March 7, , McCormick granted an option to purchase the property at issue in this case to the Deckerts. The option provided in relevant part:. McCormick, does herein and hereby grant to Buyers, or the survivor thereof, an option to purchase the following described property pursuant to the terms and conditions of this Option:.
