Cochran v. Taylor

7 N.E.2d 89 (1937)

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Nature of the Case

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Facts

Taylor (D) gave an option to Chenault to buy certain property for $115,000 within 120 days. The option was in writing and under seal. Before the option could be exercised, D revoked it in writing in that it was without consideration, and had been procured under duress, fraud and undue influence. Chenault then assigned his interest in the option to Cochran (P) and P served notice on D that he wanted to buy the property. P sued D in specific performance when she refused to honor the option. Judgment was entered for D (the option was without consideration, and it was not assignable), and P appealed