This section contains the nature of the case and procedural background.

On December 31, 1971, Hansen and Stroeker (P) signed an agreement called an Option to Purchase. P paid Hansen $1,500 in exchange for an option to purchase seven parcels of land. The total purchase price could not be determined until a survey of the land was completed and the total square footage for two of the parcels was determined. The agreement did not give a strike date for the option. Hansen died in 1976. P had the property surveyed in 1980 and sent a check that August for the balance of the purchase price; $1028.00. Mrs. Hansen (D) refused to deliver the property to P and P sued for specific performance. P moved for summary judgment and D opposed in that the option agreement violated the Rule Against Perpetuities. P's motion was granted, but a motion for attorney fees was denied. Both parties appealed. The trial court determined that the agreement was not an option but a real estate contract which conveyed a vested interest in P when the contract was signed.

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