Wilson

In this case we are asked to interpret a clause requiring an option to be exercised “within thirty (30) days prior to the expiration” of the option period. Appellant argues this language requires the option to be exercised “no later than” 30 days before the option period expires. We conclude this language instead allows the option to be exercised during the 30-day period immediately preceding the expiration of the option. Accordingly, we affirm the trial court’s judgment which enforced an option exercised seven days before the option period expired.

Facts and Proceedings Below

On May 21, 1987, Brian Wilson (Wilson) entered into a “lease option” agreement with Von Gentile (Gentile) for a residence Gentile owned. This agreement provided for Wilson’s rental of this residence for a 20-month period—from June 1, 1987, through January 31, 1989. It also granted Wilson a six-month option—from June 1, 1987-November 30, 1987—to purchase this property for $850,000. The option clause required Wilson to exercise that right personally in writing “within thirty (30) days prior to the expiration of this option; . . .”

On November 24, 1987—seven days prior to the expiration of the…