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 A day before the actual tender on June 23, 1917, D notified P that the option given was withdrawn.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.

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