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ZINTSMASTER v. WERNER

No. 4247.

41 F.2d 634 (1930)

ZINTSMASTER v. WERNER.

Circuit Court of Appeals, Third Circuit.

June 9, 1930.

Attorney(s) appearing for the Case

William C. McClure, of Pittsburgh, Pa., Benjamin R. Williams, of Butler, Pa., and John A. Metz, of Pittsburgh, Pa., for appellant.

Gifford K. Wright, of Pittsburgh, Pa. (Alter, Wright & Barron, of Pittsburgh, Pa., of counsel), for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and MORRIS, District Judge.

WOOLLEY, Circuit Judge.

By a contract between Zintsmaster and Werner the former agreed to sell and the latter to buy certain lands in Florida for a consideration of $15,000, part to be paid at once and the balance by instalments in one and two years. After Werner had paid $5,400 and had refused to pay anything more, Zintsmaster tendered him a deed purporting to convey the title, and, then suing him, had a verdict and judgment for the balance of the purchase money...

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