Drullinger v. Erskine

The defendants have appealed from a judgment for specific performance of an option to purchase real property for an agreed price of $8,500.

The appellants contend that the complaint fails to state a cause of action for the reason that there is an absence of allegations that the consideration is adequate, or that the transaction is fair and just as to the defendants. It is also asserted the option contained in plaintiff’s lease was superseded by a later valid agreement to sell the land for the same price to the United States Department of Agriculture, which took the second option as security…