Wagner v. McClay

Plaintiffs in error filed in the circuit court of Perry county a bill for the specific performance of an option contract alleged to have been entered into between themselves and defendants in error as to the purchase of the coal underlying certain land. After a hearing before the chancellor on the bill, plea and answer the issues were found against plaintiffs in error and the bill was dismissed for want of equity. This writ of error was then sued out of this court.

The option contract reads as follows:

“In consideration of one dollar, receipt of which is hereby acknowledged, the undersigned…