Kalish v. Brice

April 22, 1950, H. B. Stroup, as owner, and W. Bonner Brice, gave Lawrence Kalish an option to purchase approximately thirty-five acres of land in Arapahoe county for $750.00 an acre, upon which Kalish paid $1,000.00. According to the terms of the option, title was to be merchantable in the seller and the seller would deliver a warranty deed on or before May 20, 1950; it further was provided that if the title was not merchantable and the purchaser gave written notice of defects within the time provided for delivery of the deed, and the title was not rendered merchantable within ninety days…