Frischkorn v. Fitzgerald

Plaintiffs seek specific performance of an alleged option contract for the purchase of land, by which defendant, in consideration of $100, granted to plaintiffs or their assigns the privilege of buying the property.in dispute for the sum of $8,000 within 90 days from the date of the option. Payments to be made, $1,900 within 10 days after abstract is furnished, and $6,000 in form of mortgage running 5 years with interest at 6 per cent, payable semiannually. Plaintiffs allege tender of performance on their part and refusal to perform on part of defendant. Defendant justifies his refusal to…