Kottler v. Martin

The essence of the defendants’ argument is tbis: the option must be construed strictly in favor of the makers, and since the plaintiff stipulated that the jury should answer the issue: “Has the plaintiff ever offered to the defendants in cash or in certified checks the purchase price specified in the option?”: “No,” the plaintiff is not entitled to specific performance, because tender of the purchase price was essential.

The general rule governing the question presented for decision is thus stated in 55 Am. Jur., Vendor and Purchaser, Sec. 41: “Where the option by its express terms requires…