Dixon v. Kinser

BECTON, Judge.

This appeal presents three questions of law: (1) Is the 6 October 1975 paper, writing a contract or an option? (2) If it is an option, did Kinser fully comply with the terms of the 6 October 1975 paper writing? (3) If Kinser did not fully comply with the terms of the 6 October 1975 paper writing, was his non-compliance excused by the anticipatory breach of contract by Dixon?

The scope of appellate review in a case heard by a judge sitting without a jury is clear. The trial court’s findings of fact have the force and effect of a verdict by jury and are conclusive on appeal if…