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WERNER v. ZINTMASTER

No. 5498.

77 F.2d 74 (1935)

WERNER v. ZINTMASTER.

Circuit Court of Appeals, Third Circuit.

March 28, 1935.

Attorney(s) appearing for the Case

John A. Metz, Jr., Wm. C. McClure, and John A. Metz, all of Pittsburgh, Pa., for appellant.

James Milholland, of Pittsburgh, Pa. (Alter, Wright & Barron, of Pittsburgh, Pa., of counsel), for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

This is another chapter of litigation which, having its rise in a pure gamble, seems fated to run a long course.

Zintmaster agreed to sell and Werner agreed to buy a tract of land in Florida. Werner made a down payment but, the boom having broken, refused to pay the remaining installments. Zintmaster without title and after profert of an invalid deed sued Werner for the balance of the consideration.

Three trials before a jury...

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