DELL, JUSTICE.
This is an appeal from an order denying plaintiff's alternative motion for judgment notwithstanding the verdict or a new trial.
On August 25, 1949, plaintiff and David R. Johnson, since deceased, (herein referred to as Johnson) entered into an option contract in writing. The portions of the contract material to this appeal provided:
"For and in consideration of the sum of one hundred Dollars ($100.00) to me in hand paid, the receipt...
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