Whitworth v. Enitai Lumber Co.

This is an appeal from a judgment dismissing an action for the return of money paid as consideration for an option to purchase a mill after a verdict of the jury for the defendant.

In the early part of 1948, Roy C. Himes and John Shugarts approached the officers of the Enitai Lumber Company with regard to the purchase' of its mill. After some preliminary negotiations they met at the mill office, and Mr. Himes gave the company his personal check for five hundred dollars and typed out the following option agreement:

“Option to Buy

“For the Sum of $500.00, receipt which is hereby acknowledged, we…