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FULTZ v. LAIRD

No. 4822.

24 F.2d 172 (1928)

FULTZ v. LAIRD.

Circuit Court of Appeals, Sixth Circuit.

February 18, 1928.

Attorney(s) appearing for the Case

Lewis J. Weadock, of Bay City, Mich. (Sprague & Shepherd, of Cheboygan, Mich., on the brief), for appellant.

Robert S. Beach, of Saginaw, Mich. (Beach & Beach, of Saginaw, Mich., on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

DENISON, Circuit Judge.

The appellee, as plaintiff, filed a bill in the court below, seeking to cancel of record a written option which she had given to defendant for the purchase by him of lands belonging to her. There was an earlier sale contract outstanding to another, upon which the purchaser had made default, and which was therefore subject to elimination by foreclosure. The option provided that, if the old contract were not legally foreclosed, then the option...

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