THOMASON V. BESCHER
97 S.E. 654 (1918)
NATURE OF THE CASE: This was a dispute over the effect of a seal on a writing. Bescher
(D), sellers, challenged a judgment entered for Thomason (P), buyer and assignee, in an
action to enforce specific performance of a contract to sell timber.
FACTS: On June 18, 1917, Bescher (D) executed a writing under seal and for $1 that gave
Thomason (P) an option to buy timber for a deed and tender $6,000 cash on or before August
18,1917. P then notified D that he would take the timber and pay the $6,000 the following
week. A day before the actual tender on June 23, 1917, D notified P that the option given
was withdrawn. P sued for specific performance. The jury found that the $1 had never been
paid and that P was able and willing to buy the property. The trial court gave P an order of
specific performance. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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