Cates v. McNeil

In Cates v. McNeil (1915) 169 Cal. 697, defendant's lease granted to them a 10-year option to purchase certain real property for the price of $ 600 per acre. On the day prior to the expiration of the option the optionees gave notice to the optionor that they were exercising the option and were ready and willing to consummate the purchase. The sellers, as in the instant case, insisted that payment of the purchase price simultaneous with the notice of exercise of the option was an essential prerequisite to constitute an effective acceptance of the option offer. The court disagreed holding that since the clause was silent on the issue of payment of price the optionees had acquired an irrevocable right to purchase the property and the only act necessary to establish a binding contract was the giving of notice of acceptance. Payment was only an essential condition to be met before the optionees would be entitled to a conveyance.