Court of Appeals for the Fifth Circuit March 20, 1906, No. 1,489 (Kirby-Carpenter Co. v. Burnett)

SHELBY, Circuit Judge,

after making the foregoing statement of the case, delivered the opinion of the court.

The alleged contract which is the basis of this action is an option given by the plaintiff in error to the defen'dant in error. It gives the latter an option to buy certain lands at a certain price within a fixed time.