State, by and Through Public Welfare Comm. v. Bonnett

I dissent. I agree with Mr. Chief Justice PRATT that respondents had failed to exercise the option. One of the terms of the option involved in this case was that respondent had

“the option and right to purchase at any time before March 11, 1945, at 8:00 o’clock a. m. the premises hereinafter described for the purchase price of Fifteen Thousand Six Hundred 15,600 Dollars to be paid to said party of the first part (appellants) at Provo, Utah, upon the exercise of said option.”

This clearly contemplates the payment of the purchase price upon the exercise of the option. As stated by James, Law of…