Mundy v. Hesson

I would reverse and decree specific performance.

*393The option executed by the Mundys and the Hessons was valid, and the Mundys made a bona fide acceptance of it within the time prescribed. It thereby became an executory contract for the sale of the property and enforceable by either party. The option did not require that within the sixty-day option period the deed from the sellers be executed and tendered, the title examined and the purchase money paid. It contemplated that the parties have a reasonable time thereafter in which to perform the respective acts required to close the transaction.

On…