Grantham v. Conner

The opinion of the court was delivered by

Johnston, C. J.:

This appeal is taken from an order overruling a demurrer to the petition filed by the plaintiff and giving defendants twenty days within which to file an answer.

In the petition it was alleged that J. W. Grantham obtained from S. J. Toovey a week’s option giving him the exclusive right to purchase 160 acres of land in Cherokee county for the price of $9600; that he paid Toovey $100 for the option, the same to be applied on the purchase price in case he decided to buy the land. It was further alleged that Grantham entered into an oral…