Paul M. Gardner v. Shannadean Dipo

WILKINS, Justice: Plaintiff brought action for damages for breach of an option agreement. Defendant's liability was determined
on plaintiff's motion for partial summary judgment, and the case was tried on the issue of damages only before the District
Court for Salt Lake County, sitting without a jury. Plaintiff appeals from judgment entered in his favor in the amount of
$2,000, alleging insufficiency of the judgment. One Michael Heyrend obtained an option from defendant for the purchase of certain real property located in Salt Lake County,
at the purchase price of $80,000. Plaintiff ultimately succeeded to Heyrend's interest therein. One thousand dollars was paid
for the option, which amount was to be credited against the purchase price if the option was exercised. Later, an extension
of the time in which to exercise the option was obtained by Heyrend upon payment of another $1,000, which was to be similarly
credited against the purchase price. By the terms of this extension, the option could be exercised at any time on or before
October 18, 1977.