Briggs v. Siggio

CULPEPPER, Judge.

The plaintiff seeks specific performance of an option to purchase 40 acres of land. This case was previously before us, 285 So.2d 324, writs denied by the Supreme Court, 288 So.2d 641. We reversed a judgment of the district court which had sustained an exception of no cause of action. Essentially, we held that, accepting ' as true all of the allegations of plaintiff’s petition, the defendants waived the requirement that plaintiff exercise the option in writing, and by other conduct, assurances and acknowledgements lead plaintiff to believe that it was not necessary to…