Edward Douglass White, Hansen v. Boyd — Opinion of the Court
“ All optional contracts, however, are not illegal under the statute which was read to you. If the option is to sell or purchase at a future time, then it is illegal and a wager; but if the option consists merely of a delivery within a specified time, the contract is valid, and what was done by putting up margins amounts to nothing unless the contract itself is illegal. The validity of an option contract depends upon the mutual intention of the parties thereto, and, if a sale or purchase of actual wheat for future delivery is intended, it is valid. ”
