BRITE v. W. J. HOWEY CO.

No. 7893.

81 F.2d 840 (1936)

BRITE et al. v. W. J. HOWEY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

February 19, 1936.


Attorney(s) appearing for the Case

C. D. Rinehart, of Jacksonville, Fla., and H. C. Collins, of Leesburg, Fla., for appellants.

George C. Bedell, of Jacksonville, Fla., and C. E. Duncan and John S. Lavin, both of Tavares, Fla., for appellees.

Before SIBLEY, HUTCHESON, and WALKER, Circuit Judges.


SIBLEY, Circuit Judge.

The amended bill of appellants against appellees to rescind for fraud a sale of land and to recover the purchase price and other outlays was dismissed on a motion which contended, among other things, that information concerning the facts as to which deceit was claimed was at all times available to appellants, and that, after actual knowledge, there was not prompt disaffirmance, but a delay sufficient to defeat rescission. Other grounds are disregarded...

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