Miller v. Willey

Frank Holt, Justice.

Appellants gave appellee a written option to purchase their property for $10,000. The option was properly exercised and appellants refused to convey the property. The chancellor ordered specific performance by the appellants. On appeal they first contend that the chancellor erred in overruling appellants’ demurrer to the evidence and not voiding the contract because of the failure of a tender of consideration. We cannot agree.

The appellants accepted a $100 payment when they signed the contract which provided that the balance would be paid “at closing.” When appellee…