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BEDELL v. COMMISSIONER OF INTERNAL REVENUE

No. 144.

30 F.2d 622 (1929)

BEDELL v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

February 4, 1929.

Attorney(s) appearing for the Case

Lyle T. Alverson, of New York City (Adolph Bloch, of New York City, on the brief), for appellant.

Mabel Walker Willebrandt, Asst. Atty. Gen., Dorothy A. Moncure, of Washington, D. C., Morton P. Fisher, of Baltimore, Md., and C. M. Charest and C. Colden Miller, both of Washington, D. C., for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

If the transaction of December, 1919, was in fact what it purported to be, the White Oil Company only promised to pay for the delivery of title on February 29, 1920. Even the deposit was in escrow; that is, it was conditional upon the completion of the sale, and nothing whatever was due unless the title passed. Had the Broadway-John Street Company already taken title and paid the price, we do not understand...

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