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English v. English – Case Brief Summary (Texas)

In English v. English, 44 S.W.3d 102 (Tex. App.--Houston 14th Dist. 2001, no pet.), an ex-wife notified her ex-husband that she was exercising the option contained in the parties' divorce decree to buy out her ex-husband's interest in their homestead within the option period, but she did not complete the purchase before the option expired. Id. at 104.

The Court held that "where the option instrument is silent regarding the method of exercising the option, giving timely notice to the optionor and subsequently tendering performance within a reasonable time is sufficient to exercise the option." Id.