Clark v. Muirhead

Defendants gave plaintiff an option to purchase certain real estate in the county of Oakland. It provided for acceptance in writing by h specified date. It was not so accepted. This bill is filed for specific performance. Plaintiff’s counsel concede that “the provision must be complied with unless that form of acceptance is waived.”

It appears that on several occasions before the time for acceptance had expired the plaintiff tendered to the defendant Richard Muirhead the payment specified in the option to be made on the acceptance thereof and demanded a contract pursuant to its terms.…