MALLERY, J.
This is an action to recover earnest money and damages on a real-estate contract. The defendant Devenny, on December 24, 1955, gave the defendant Quickstad, doing business as the Real Estate Investment Company, an option to purchase the four patented mineral claims here in question for the sum of one hundred twenty-five thousand dollars. The option by which defendant Devenny is bound provided, inter alia:
"1. The purchase price of the above...
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