Robert F. Echols v. Joe M. Bloom

This suit was brought by appellant Robert Echols for specific performance of an alleged earnest money contract for the sale of a tract of realty. In a trial before the court judgment was rendered in favor of appellees denying the relief sought. The trial court filed requested findings of fact and conclusions of law. In these the court characterized the instrument in question as a contract containing an "option offer" and it found that (1) the option offer was without valuable consideration and was therefore unenforceable, (2) that the offer of sale was withdrawn prior to acceptance, (3) that the entire instrument was procured by fraudulent representations, (4) that the parties contracted while operating under a mutual mistake of fact as to the time for execution of the instrument and (5) that the description of the realty to be conveyed was impermissibly vague.