A Selection of Cases On the Law of Contracts

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The seller had a right to exercise that option ; but in this case, upon the defendants' hypothesis, the plaintiffs bj' naming the Charles Piatt, exercised their option in an improper manner ; therefore they had a right to withdraw their tender, and to exercise it in a proper manner.
That case shows that this action is maintainable. The judgment of Denman, J., must be reversed.^ GRAY V. SMITH et al.
CiKCTJiT Court for the Northern District of California, August 10, 1896.
Circuit Court of Appeals
..., Ninth Circuit, October 4, 1897.
[Reported in 76 Federal Reporter, 525, and 83 Federal Reporter, 824.] This was an action for damages for breach of contract brought against the executors of Edgar Mills. A jur}' trial was waived and the Court found the following facts. On September 16, 1891, Edgar Mills made to the plaintiff a written offer to buy a lot on Market Street, San Fran- 1 3 I-I. & C. 558.
2 Ashmore v. Cox, [1899] 1 Q. B. 436, 440, ace. Compare Kurtz v. Frank, 76 Ind.
594; Hallwood Cash Register Co.


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