Brown v. Honniss

The opinion of the court was delivered by

Garretson, J.

The plaintiff, on payment of $25, obtained from the defendants a written option to purchase a tract of *261land for a certain price and, before the .expiration of the option] demanded a conveyance of the land, tendering the amount which he had agreed to pay for it.

Prior to the exercise of the option the plaintiff had sold the land to the city of NeAvark for an isolation hospital at an advance of $5,000 upon the price he had agreed to pay for the same to the defendants; the defendants, upon learning this, refused to make conveyance, giving as a…