ATLANTIC MORTGAGE & FINANCE CO. v. HAMILTON

No. 5644.

40 F.2d 583 (1930)

ATLANTIC MORTGAGE & FINANCE CO. v. HAMILTON et ux.

Circuit Court of Appeals, Fifth Circuit.

May 16, 1930.


Attorney(s) appearing for the Case

J. C. Cooper, Jr., and Raymond D. Knight, both of Jacksonville, Fla., and Harold Kassewitz and J. Walter Kehoe, both of Miami, Fla. (Price, Price, Kehoe & Kassewitz, of Miami, Fla., and Cooper, Knight, Adair Cooper & Osborne, of Jacksonville, Fla., on the brief), for appellant.

H. Pierre Branning, of Miami, Fla., and A. L. Nash, of Manitowoc, Wis. (J. R. B. Clemons and Cecil C. Curry, both of Miami, Fla., and Nash & Nash, of Manitowoc, Wis., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is an appeal from a decree dismissing on final hearing appellant's bill in equity against appellees to rescind an option to purchase two city lots in Miami and to establish a vendee's lien for $50,000 paid for the option.

The lots were adjoining lots, each being 50 × 150 feet; and the two together fronted north 100 feet on Flagler street and east 150 feet on Southwest Eighth avenue. The north 10 feet of both lots prior to the...

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