Ide v. Leiser
Montana Supreme Court
.Appeal from, First Judicial District, Lewis and Clarice County. The demurrer to the complaint was sustained, and judgment entered for defendant by Hunt, J. Statement of facts, prepared by the judge delivering the opinion.
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.Appeal from, First Judicial District, Lewis and Clarice County. The demurrer to the complaint was sustained, and judgment entered for defendant by Hunt, J. Statement of facts, prepared by the judge delivering the opinion. The plaintiff pleads the following instrument in writing: — “For and in consideration of one dollar ($1.00) to me in hand paid, I hereby agree to give Frank L. Ide the sole right and option to purchase from me at any time within ten days from the date of this instrument the following described property, to wit [describing the property]. I furthermore agree to furnish a good…
1Opinion of the CourtDe Witt, J.
For convenience of terms we will designate the original document pleaded as the first instrument, and the option therein as the first option, and the indorsement extending the time as the second instrument and option. We will not discuss the validity of the first instrument as a foundation for an action for specific performance. We will assume, for the purpose of this decision, that it is good. The option assumed to be granted therein was not exercised within the time limited, and expired October 4th. The consideration for this option was one dollar; whether paid by Ide to Leiser, or still a…
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