Jones v. Horner

This appeal presents but one question — was the option to purchase realty properly exercised so as to make a contract binding the optioner?. Appellant Jones was the tenant of appellee, Mrs. Hor-ner, under a written lease for two years from January 14, 1950 at a rental of $100 per month. Said lease gave appellant an exclusive option to purchase during the lease term said property for a stated price and provided as follows:

“It is further agreed and understood that should second party elect said option he may exercise same by payment or tender of the agreed purchase price unto the first party or…