Corbin v. Fairbanks, Barlow & Co.

The opinion of the court was delivered by Rowell, J. This contract is not susceptible of the construction contended for by the defendants. It is a contract to do one of three things by a time certain at defendants’ option. That option continued until said time elapsed, after which, and especially after demand of performance by plaintiff and refusal by defendants, it was gone, and defendants became liable to pay in money at plaintiff’s option. Affirmed.