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Contracts Keyed to Fuller
Rego v. Decker
Citation:
482 P.2d 834 (1971)Facts
Joseph and Cecile Rego leased land with a three-bay service station to Robert Decker for one year in 1966, with rent set at $65 per month plus 2 cents per gallon on gasoline sales exceeding 4,000 gallons monthly and profits from diesel fuel sales. The lease included an option for Decker to renew for four years and an option to purchase the property for $81,000, with rent payments to be credited against the purchase price. The Regos agreed to pave the grounds with asphalt before July 31, 1966, but never did so. Decker renewed the lease for the four-year period and in February 1967 exercised his option to purchase. The Regos refused to comply and instead sold the property to third parties who had notice of Decker’s interest. Decker sued for specific performance and damages for the unpaved premises. The trial court ordered the Regos to convey the property to Decker and to pave the premises or pay $15,000 in damages.
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