SWEENEY, Chief Judge.
In this contract action the plaintiff seeks to recover damages by reason of the alleged failure of the defendants to live up to an agreement to sell certain property to the plaintiff. The defendants deny the plaintiff's claim and in their answer set up among other defenses what we will term the fourth defense which in substance contends that an option which had been granted by the defendants to the plaintiff expired on April 12, 1948 by reason...
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