TAVARES, District Judge.
On March 8, 1960, defendant gave plaintiff an option, to continue to and including May 9, 1960, to lease certain land from defendant for which option plaintiff paid to defendant the sum of $50,000.00. If the option was exercised, said sum was to apply on the rental under the lease. If the option was not exercised, defendant was to be entitled to keep it.
Plaintiff did not exercise the option but, on May 9, 1960, he sent to defendant...
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