Mitchell v. Evans

J. T. Mitchell Jr. sued Mrs. W. L. Evans for damages arising allegedly from defendant’s failure to comply with an option contract. The petition alleged that prior to the time within which he could exercise the option defendant refused to' comply with it and expressly and positively declared that she would not convey the land to the petitioner under the option. The defendant in her answer admitted signing the option but contended that it did not constitute a valid and binding agreement, alleging as follows: “7. Defendant shows that she is a woman seventy-two years old; that she is a widow and…