Hathaway v. Nevitt

Action by the optionee to enforce specific performance of an option to purchase 24 acres of land in Cape Girardeau County; title to the land was in defendants (husband and wife), the optionors, by the entirety. The option was in a 5 year lease on the 24 acres given plaintiff by defendants on April 8, 1944. The answer was, in effect, a general denial and a counterclaim for damages for an alleged breach of the lease by subrenting in violation of the terms. For such breach defendants alleged that the lease was forfeited and asked for $1,000 damages for the breach and also asked for possession of…