Nickels v. Combs

Opinion op the Court by

Judge McCandless

Reversing.

In the petition as amended the plaintiff sought a reformation of a written option to 'purchase' real estate; alleged that he had exercised 'the option and sought specific performance thereof. Demurrer was sustained to these pleadings and they were dismissed. Defendant appeals.

The writing is as follows:

“This certifies that H. IT. Combs rented one barn in Hazard to Boyd Nickels with rent paid six months in advance. It is further agreed that if the said Boyd Nickels wants to buy said barn and lot he is to have it for $2,200.00. Twenty-two hundred…