MILLER v. WILLEY

No. 74-349.

521 S.W.2d 68 (1975)

Tom MILLER et ux., Appellants, v. James E. WILLEY d/b/a Willey Real Estate, Appellee.

Supreme Court of Arkansas.

April 7, 1975.


Attorney(s) appearing for the Case

Mooney & Boone, Jonesboro, for appellants.

Warren E. Dupwe, Jonesboro, for appellee.


HOLT, Justice.

Appellants gave appellee a written option to purchase their property for $10,000. The option was properly exercised and appellants refused to convey the property. The chancellor ordered specific performance by the appellants. On appeal they first contend that the chancellor erred in overruling appellants' demurrer to the evidence and not voiding the contract because of the failure of a tender of consideration. We cannot agree.

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