Fisher v. Lavelock

BOUR, Commissioner.

Plaintiffs brought this suit in the circuit court of Caldwell county seeking the cancellation of an instrument described as an ’‘Option to Re-Purchase” in which the defendant is named as optionee, and for other relief hereinafter described. Defendant filed an amended motion to dismiss. The motion was sustained and the cause dismissed. Plaintiffs appealed to the Supreme Court, but that court held that it did not have jurisdiction of the appeal and transferred the cause to this court. 282 S.W.2d 557.

We quote from the opinion of the Supreme Court : “It appears from the…