O. F. Hallman and Wife, Laura L. Hallman, and Robert D. Mitchell, and Wife, Sylvia R. Mitchell v. Safeway Stores, Incorporated

AINSWORTH, Circuit Judge:

This is a diversity action for specific performance of an agreement to sell certain realty located in Dallas County, Texas. On January 7, 1965, O. F. Hallman and Robert D. Mitchell entered into a purchase-option agreement with W. B. West, III, Trustee (assignor of appellee, Safeway Stores, Incorporated), for which Hallman and Mitchell were paid che agreed consideration of $300.

Under the terms of the agreement (in which Hallman and Mitchell are designated as “Seller,” and W. B. West, III, Trustee, as “Buyer”) Seller granted to Buyer the exclusive right and option to…