Pearson

The plaintiff has appealed from the judgment and from an order denying a new trial.

The complaint alleges that on or about November 12, 1906, the plaintiff and E. E. Hendrick entered into an agreement whereby said Hendrick agreed to sell plaintiff twenty-five thousand orange trees at a price therein stated; that by the terms of said agreement plaintiff was given an option to purchase twenty-five thousand additional trees upon the same terms and conditions as provided in said agreement for the purchase of the first twenty-five thousand trees; that on or about February 20, 1907, plaintiff exercised and took up said option by notifying the said E. E. Hendrick of his intention to purchase the said additional trees; that on March 13, 1909, plaintiff notified Hendrick that he would buy under said option twenty-five thousand trees to be delivered between January 1 and July 1, 1910; that Hendrick died October 25, 1909; that thereafter, on April 22, 1910, plaintiff demanded of J. G. McKinney, then the administrator of the estate of Hendrick, the delivery of ten thousand trees, and on June 25, 1910, the delivery of fourteen thousand two hundred trees, all in accordance with the terms of…