Brooks v. Hicks

The appellant and the appellees entered into a twelve-month option on July 21, 1971, which provided that it would terminate upon the failure to pay $3,750 on the 21st day of each month during said term. The appellant failed to pay said sum on Sunday, *501May 21,1972. His tender of said amount the following day was refused. On motion for summary judgment the trial court held that the option had terminated. Held:

The facts of this case show that the appellant paid, from the inception of the option through April 1972 the sum of $37,500 to preserve his rights to the optioned property. To hold that his…