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Jakel v. Fountainhead Dev. Corp. Inc.

The contract entered into by plaintiff and subdivision developer was not an option contract, since it did not bind the developer to sell the lots to plaintiff, describe the property with particularity or specify a time period within which plaintiff could exercise the alleged option to purchase.

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Plaintiff, Otto K. Jakel, appeals from the trial court’s order granting partial summary judgment to defendant, Fountainhead Development Corp., Inc. “Fountainhead”.

Viewed in the light most favorable to the non-movant,1 the evidence shows the following. Fountainhead is the developer of residential property along and adjacent to the Legends at Chateau Elan golf course. In late 1992, Frank Miller and Associates, Inc. prepared a preliminary drawing portraying the contemplated development of the Legends Subdivision at Chateau Elan the “Legends Development” for Fountainhead, which did not depict Lot 19 of Block C. In early January 1994, Jakel went to the Legends Development to look at the lots for sale. Jakel met with Philip Mulherin, Director of Development at Chateau Elan, and expressed an interest in purchasing property for investment purposes in the unplatted Legends Development along and adjacent to the Legends golf course.

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