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EITEL v. SCHMIDLAPP

No. 71-1926.

459 F.2d 609 (1972)

Elfriede EITEL, Appellant, v. W. Horace SCHMIDLAPP, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 2, 1972.

Attorney(s) appearing for the Case

Jerome K. Walsh, Jr., New York City (Walsh & Frisch, New York City, and Kuykendall, Hall & Whiting, Leesburg, Va., on the brief), for appellant.

Jack B. Stevens, Alexandria, Va. (Howard, Stevens, Lynch, Cake & Howard, Alexandria, Va., and John Howley and Hall, Dickler & Howley, Garden City, N. Y., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and RUSSELL, Circuit Judges.

WINTER, Circuit Judge:

In this diversity action, plaintiff sought to require defendant to reconvey to her a parcel of land located in Virginia. Plaintiff's theory of recovery was that her agent, Halsey, exceeded his authority in the sale of the land and that defendant's agent, Bowman, fraudulently conveyed the property to the defendant. The district court found that plaintiff's agent had not exceeded his authority, but that even if he had, plaintiff's loss was not...

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