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Contracts Keyed to Calamari
Shaughnessy v. Eidsmo
Facts
The Plaintiffs, Mr. and Mrs. Saughnessy (the "Plaintiffs"), by oral agreement leased a home from the Defendant, Bernt Eidsmo (the "Defendant"), on April 5, 1943. The term of the lease was one year. As part of the consideration for making the lease, the Plaintiffs were given an option to purchase the property at the end of the lease for between $4,750 and $5,000. The Plaintiffs were also allowed to apply their lease payments to the purchase price of the home. The Plaintiffs also contracted to purchase the Defendant's stove. At and before the end of the lease term, the Plaintiffs sought to exercise their option to buy the property. During both occasions, the Defendant said he did not have time to draft the relevant paperwork. The Plaintiffs continued in possession of the property past the end of the one year lease term and continued making payments. The Defendant refused to tender the deed and the Plaintiffs brought suit. The trial court found there was a valid contract, and the Defendant was ordered to give the Plaintiffs the deed.
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