Williams v. Brooks

Citations

• 11 Idaho 539
• 83 P. 610
• 1906 Ida. LEXIS 1

Syllabus

<p>Option to Purchase Mining Property — Renewal and Extension— Construction.</p> <p>1. Where W. and B. enter into an agreement whereby B. secures an option to purchase a certain mining property, and it is provided that the first payment of five hundred dollars shall be paid “on acceptance of this bond by said second party’s eastern principals, and to be paid by 1st of April, 1903,” and tbe agreement also contains a clause providing for abandonment and forfeiture of tbe option by B., and after the option has been forfeited W., B. and C. indorse thereon an agreement in the following words: ‘ ‘ The time of the payment of the first $500 herein provided for is hereby extended thirty days and the said second party agrees that the same shall be paid on or before May 4, 1903. April 4, 1903,” and after the date on which the payment falls due under the latter agreement, B. and G. abandon and forfeit the option and W. sues them to recover the $500 payment, held, that the latter agreement was an unconditional and absolute agreement to pay the sum specified therein as the first payment.</p> <p>(Syllabus by the court.)</p>