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OSGOODBY v. TALMADGE

No. 12.

67 F.2d 610 (1933)

OSGOODBY v. TALMADGE et al.

Circuit Court of Appeals, Second Circuit.

November 6, 1933.

Attorney(s) appearing for the Case

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

Richard T. McMahon, of Cortland, N. Y. (Clifford H. Searl, of Syracuse, N. Y., of counsel), for appellee.

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

MANTON, Circuit Judge.

Appellee obtained a judgment below based upon the theory of a deceit practiced upon him when, in October, 1924, he entered into a contract with the corporate appellant for the purchase of land for development purposes in Florida. The contract called for the delivery of a deed of this property on payment of $15,000 to be made in installments, as deeds to lots were delivered. The appellee intended to develop the property for residential purposes...

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