Winslow v. Dundom
Montana Supreme Court
Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by F. D. Winslow against William Dundom, Sr., and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. An option is nothing more than a written offer. In the sense that there is a meeting of minds concerning the terms of an option, an option may be said to be an executed contract.
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Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by F. D. Winslow against William Dundom, Sr., and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. An option is nothing more than a written offer. In the sense that there is a meeting of minds concerning the terms of an option, an option may be said to be an executed contract. But it is not a contract with reference to what will take place when the option is exercised. As to the relation which will come about upon acceptance, it is the same as any other offer. If based upon a…
1Opinion of the CourtJustice Holloway
On March 17, 1908, William Dundom, Sr., and Kate Dundom, his wife, executed and delivered to Axel Anderson two certain instruments in writing. The first was a lease of real property for the term of five years. The second instrument, which refers to the same property, reads as follows:
“Option.
“It is agreed that Axel Anderson, for value received, shall have the right to purchase my property consisting of 2,400 acres of land located in Township 10 North, 17 East, Fergus county, Montana, for a period of three years from date of this instrument, the price to be $15 per acre. I agree to furnish an…
2Cases cited12 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- In re the Estate of GarcelonCalifornia Supreme Court · 1894
- Finlen v. HeinzeMontana Supreme Court · 1905
- Christiansen v. AldrichMontana Supreme Court · 1904
- Long v. NeedhamMontana Supreme Court · 1908
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3Cited by30 opinions
- O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
- Langston v. CurrieMontana Supreme Court · 1933
- State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
- Sanger v. HuguenelMontana Supreme Court · 1922
25 more not listed; retrieve them via the Exa API.