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MARKS v. KINDEL

No. 5506.

41 F.2d 584 (1930)

MARKS et al. v. KINDEL et al.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1930.

Attorney(s) appearing for the Case

H. T. Gray, of Jacksonville, Fla., for appellants.

Elvin Swarthout, of Grand Rapids, Mich. (Benn M. Corwin, of Grand Rapids, Mich., on the brief), for appellees.

Before MOORMAN, MACK, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

This case was decided below on the sufficiency of the declaration as to all defendants except J. Keith Muir. There are three counts in the declaration. The first declares upon a purchase-money note for Florida lands; the second seeks to recover the unpaid purchase price "of certain lands in Orange County, Florida," irrespective of a note; and the third is a common count for money and property had and received. In response to a motion therefor...

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