EI DuPont De Nemours and Co. v. Zale Corporation

BATEMAN, Justice.

The appellant E. I. DuPont de Nemours and Company, hereinafter called DuPont, sued the appellee Zale Corporation, hereinafter called Zale, for specific performance under an option to purchase real property. Zale defended successfully on the ground that DuPont’s notice of its exercise of the option was not timely.

The option was given in connection with a lease in which DuPont was named as tenant. The lease is dated August 10, 1964 and covers certain land and a building to be erected thereon by the lessors (Zale’s predecessors in title) and completed by December 16, 1964 unless…