Lincoln Land and Development Co. v. Thompson

I am unable to see how the main opinion deals with or resolves the controlling issue in this case as it was presented to the lower court, and upon which the case was there decided, and upon which it has been presented to this court on appeal.

That issue was this: Were the actions by and on behalf of the optionor (defendants) such as to repudiate the option and thereby eliminate the necessity of tender?

Upon a plenary trial of the controlling issue just stated, and based upon a substantial foundation in the evidence, the trial court made the following express finding with respect to the…