Unatin

7-UP CO. V. SOLOMON 350 Pa. 632, 39 A.2d 835 (1944)

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Nature of the Case

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Facts

Solomon (D) gave Unatin (P) a written ten-day option to purchase D's facility and everything in it for $13,000. The option cost $100, which was paid. On the ninth day of the option, P notified D of its intent to accept but could not reach D and only could reach her brother, who was apparently in charge of the plant because D had left for religious holiday. When contacted after the religious holiday D notified P that the deal was off. P sued in equity for specific performance. The bill was dismissed because P had not accepted the option nor made tender of the purchase money on or before September 30 as required. P appealed.