OSGOODBY v. TALMADGE

No. 99.

45 F.2d 696 (1930)

OSGOODBY v. TALMADGE et al.

Circuit Court of Appeals, Second Circuit.

December 8, 1930.


Attorney(s) appearing for the Case

McNamara & Seymour, of New York City (Stuart McNamara and Leonard B. Smith, both of New York City, of counsel), for appellants.

Stagg & Heath, of Ithaca, N. Y. (Riley R. Heath, of Ithaca, N. Y., of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge.

In October, 1924, the corporate defendant, Sale-Davis Company, acting by its president, defendant Talmadge entered into a written contract with plaintiff, by which he agreed to buy and the corporation agreed to sell certain land owned by it in the state of Florida. The purchase price was $15,000, payable in installments. It was contemplated that plaintiff would develop and improve the property and resell portions thereof from time to time,

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