Tholl Oil Co. v. Miller

HIGGINS, Justice.

The plaintiff instituted this proceeding against the administrators of the estate of J. M. Miller, to have cancelled and erased from the public records the recordation of a contract with an option to purchase, alleging that Miller had never given any notice that he intended to exercise the option as required by the contract, had made on demands under the contract, and had neither paid nor tendered any part of the stipulated purchase price, but, on the contrary, by subsequent verbal agreements between Miller and the plaintiff, the option had been revoked.

The defendants denied…