SNEAD, Justice.
This is an appeal of the Commonwealth by the State Highway Commissioner from a decree denying specific performance of an option-agreement it entered into with Frank B. Bradley concerning the sale of.51 acre of his land, situated on the northwest corner of the intersection formed by Routes 360 and 643 in Hanover county, for highway purposes.
All of the testimony, which is in deposition form, was taken before a notary public on January 30, 1958...
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