Cook v. Young

In Cook v. Young, 269 S.W.2d 457 (Tex. Civ. App.--Fort Worth 1954, no writ), the lessee sought specific performance of an option to purchase clause in the lease agreement. Id. at 458. The lessor argued that the grant of summary judgment in the lessee's favor was improper, because there was a fact issue regarding whether the lessee had complied with a term of the lease requiring that it pay all the utility bills for the leased property. Id. at 460. The court of appeals held that compliance with the terms of the lease was not a condition precedent to the lessee's exercise of the option. Id. The court stated that "while we find such a provision in the lease contract, we do not find it in that part of the instrument containing the option to purchase. The option is unconditionally granted and there is no requirement creating any condition precedent or otherwise limiting the right to exercise the option." Id. In Cook v. Young, a lessee filed suit, seeking specific performance of an option-to-purchase clause in a lease contract. The trial court granted summary judgment in the lessee's favor. Id. On appeal, the lessor argued that the summary judgment was improperly granted because there was a fact issue regarding whether the lessee had complied with the terms of the lease by paying all water, gas, and other utility bills accruing on the leased property. Id. at 460. The court of appeals held that compliance with the terms of the lease was not a condition precedent to the optionee's right to exercise the purchase option. Id. "While we find such a provision in the lease contract, we do not find it in that part of the instrument containing the option to purchase. The option is unconditionally granted and there is no requirement creating any condition precedent or otherwise limiting the right to exercise the option." Id.