having the duty to convey and the other the duty to pay.”). The cases in which an optionee exercises the option and thus binds the optionor to perform are legion. See, e.g., Sinclair Refining Co. v. Allbritton, 147 Tex. 468, 218 S.W.2d 185, 188-90 (1949); Smith v. Hues, 540 S.W.2d 485, 490 (Tex.Civ.App.-Houston [14th Dist.] 1976, writ ref'd n.r.e.); Luccia v. Ross, 274 S.W.3d 140, 149-50 (Tex.App.-Houston [1st Dist.] 2008, pet. denied); Odum v. Sims, 609 S.W.2d 881, 882 (Tex.Civ.App.-San Antonio 1980, no writ); Kenver Corp. v. Robinson, 492 S.W.2d 317, 319-20 (Tex.Civ.App.-Beaumont 1973, writ ref'd n.r.e.); Giblin v. Sudduth, 300 S.W.2d 330, 332-34 (Tex.Civ.App.-Austin 1957, writ ref'd n.r.e.); see also El Paso Natural Gas Co. v. W. Bldg. Assocs., 675 F.2d 1135, 1139-41 (10th Cir.1982) (<HOLDING>). But the acceptance of an option ascribes
holding that in an agreement of sale in which time was of the essence and tender of deeds and of purchase money were expressly waived waiver of time is of the essence of the agreement would not result from a failure to tender because the parties had agreed that neither tender of deed nor tender of purchase money was required to put the other in default holding that complete performance of contract constituted acceptance holding optionees acceptance of option without tender of purchase price created mutually binding contract entitling optionee to specific performance holding that performance may be valid acceptance holding that lack of closing date in option contract did not preclude enforcement by specific performance