Lett v. Markham

The record evidence, consisting of the option and the deed, disclosed the sale of the described lands by the plaintiff’s intestate for the sum of $5,000.00, either in cash or upon specific terms: $100.00 cash at the time the option was signed; $1,400.00 in addition to be paid on the day the option was exercised, the balance of $3,500.00 to be in annual payments beginning January 1, 1964. The deed recited a consideration of $10.00 “and other valuable considerations.”

The defendant, James A. Markham, by adverse examination, admitted he had paid in cash only the $100.00 for the option and the…