Hardee's Food Systems, Inc. v. Hicks

Defendant appellant contends that the trial court erred in failing to find that the verbal agreement had the effect of extending the option. The conclusions of law made by the trial court were as follows:

“1. That the paperwriting executed on 22 October, 1965 was an option and not a contract for the purchase and sale.

2. The plaintiff, having been informed that the sale could not be consummated on 5 November, 1965 as provided in the option, was under no duty to tender the balance of the purchase price nor demand deed.

3. The verbal agreement made in the telephone conversation between the…