Anderson v. Craig

On motion for rehearing further consideration of this case impels me to the conclusion that the district court was correct and that the judgment should be affirmed. The court found that if Wegner should not pay the $2,800 on or before the first day of March, 1939, “he would forfeit the amount paid for failure to carry out. the terms of said offer, but that he would not be obligated to complete the purchase of said property or to further complete the said contract.”

If this finding was justified, then the contract gave Wegner the option to either pay the $2,800 on March 1, 1939, and carry out…