Supreme Court of Georgia July 10, 1936, Nos. 11025, 11045, 11055 (Franklin v. McCormick)

Atkinson, Justice.

1. On its face the contract in question is purely for an option to buy the land upon the terms and to be exercised within the time therein expressed. It was not a contract of purchase and sale, nor would any interest in the land pass to the optionee thereunder before exercise of the option to buy.

2. Before the decision of this court (Franklin v. McCormick, 180 Ga. 170, 178 S.