Watson v. Kresse

STRUTZ, Judge.

This is an action for specific performance of an option agreement given and executed by the defendants to the DX Sun-ray Oil Company and assigned by DX Sun-ray Oil Company to Watson & Hawkins, Inc., of Fargo, a corporation, and thereafter assigned by Watson & Hawkins, Inc., to John A. Watson, Hjerdis E. Watson, William M. Watson, and Elizabeth Watson, the plaintiffs herein. The answer of the defendants is in the form of a general denial, together with two affirmative defenses: (1) that the defendants had rescinded the agreement prior to the exercise of the option and (2) that…