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

I concur. I do so because I regard the letter of acceptance of the Department of Public Welfare set out in the opinion of Mr. Justice LATIMER as a verbal exercise of the option. True, if its words be construed literally, it but expresses an intent to exercise the option in the future. However, in the light of the surrounding facts and circumstances, I am convinced that it was intended by the writer and so understood by the recipients as though it stated

“The option of March 5, 1945, is hereby exercised and as soon as an abstract can be obtained and the warranty deed made we will pay the…