This section contains the nature of the case and procedural background.

Wheeler (D) gave Smith (P) an option contract for one year to buy a certain piece of property. The agreement recited consideration of one dollar being paid, but it never was. D refused to honor the agreement and retracted the transaction. P then sent the one dollar and attempted to close the transaction. D then filed a complaint asking the court to declare the option contract a nullity. D was granted a judgment on the pleadings and P appealed.

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