Stevenson v. Titus Admrs.

Opinion by

Mr. Justice Stern,

William J. Tanner, Jr., and Bessie Tanner, owners of lands in Greene County, delivered to plaintiff’s father, J. J. Stevenson, a written option to purchase the coal underlying 181 acres at $40 per acre; at Stevenson’s request plaintiff was named therein as the optionee. Stevenson, purporting to act as agent for plaintiff, showed this option to Eli N. Titus, and told him “I would take $60.00 an acre for the coal and satisfy that mortgage and pay off the mortgage that my boy owed him.” (“That mortgage,” thus referred to, was in the amount of $3,000, being a mortgage…