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UNITED STATES v. STOTT

No. 12613.

140 F.2d 941 (1944)

UNITED STATES v. STOTT et ux.

Circuit Court of Appeals, Eighth Circuit.

February 15, 1944.

Attorney(s) appearing for the Case

Roger P. Marquis, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Clinton R. Barry, U. S. Atty, of Fort Smith, Ark., John E. Harris, Sp. Asst. to the Atty. Gen., and Vernon L. Wilkinson, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

J. Bruce Streett, of Camden, Ark. (O. E. Westfall of Camden, Ark., on the brief), for appellees.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge, delivered the opinion of the Court.

The United States appeals from a judgment in a condemnation proceeding. The question is whether the appellees were bound by an agreement made prior to the institution of the action fixing the value of the lands taken.

On March 23, 1939, the appellees, Dan W. Stott and his wife, Maude Stott, executed and delivered to the United States seven options to purchase seven tracts of land, including in all...

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