Hutto v. Wiggins

The opinion of the Court was delivered by

Mr. Justice Bonham.

The 30th day of October, 1933, the respondent and the appellant entered into a written agreement relating to real estate, the nature of which instrument is a matter of controversy in this action, viz.: Is it an option to purchase running from Wiggins to Hutto, or is it a contract of sale and purchase ? The instrument is on a printed form styled “Option.” It recites:

“For the sum of $10.00 to me, John E. Wiggins, in hand paid at and before the sealing and delivery of these presents, by Paul E. Hutto, the receipt whereof is hereby…