Bradford v. Fidelity Savings & Loan Society

This is an appeal from the judgment.

The defendant corporation gave an option to purchase certain land to Milton K. Young, who was the attorney and trustee for the plaintiff. The exact amount to be paid under the option was not stated therein, but was to be determined with reference to certain moneys thereafter to be paid out by the defendant for the purchase of said land, the completion of a building thereon, and for the clearing of the title thereof. Within the time fixed by the provisions of said option the plaintiff and said Young gave defendant a written acceptance of said option and in general terms tendered the various amounts specified in the option in the same general terms as specified therein, and fixed the amount so tendered at $61,352.77. The court found that the amount actually due under the terms of said option at that time was over ninety- one thousand dollars. Plaintiff did not have the money at the time of the written tender, but claims to have arranged to borrow sixty thousand dollars upon the land in question. The defendant declined to either accept or refuse said tender, but did object to considering merely “conversation” money. It is evident that plaintiff…