J. Lambert v. Taylor Telephone Co-Operative

J. Lambert brought this suit against Taylor Telephone Co-Operative, Inc. Plaintiff alleged that he was the owner of the properties known as the Telephone Exchange at Lawn, Dudley and Ovalo, Texas, with extension to Goldsboro, Texas, which consisted of real and personal property. Plaintiff alleged that the parties entered into an agreement whereby the defendant acquired a ninety day option to purchase said properties for a consideration of $11,000; that the option was not exercised but expired by its terms on January 27, 1952; that thereafter the option contract was filed and recorded in various counties where the properties involved are located. Plaintiffs sought a judgment removing cloud from the title to such properties. The defendant filed an answer and cross action alleging that it had duly exercised its option to purchase the property and sought specific performance of the option contract. The trial was before the court without a jury and on stipulated facts. Judgment was entered for specific performance of the contract and J. Lambert has appealed.