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UNITED FOOD STORES CORP. v. WASHINGTON HOUSING CORP.

No. 9884.

174 F.2d 36 (1949)

UNITED FOOD STORES CORPORATION v. WASHINGTON HOUSING CORPORATION.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1949.

Attorney(s) appearing for the Case

Milton Strasburger, of Washington, D. C., for appellant. David J. Hornstein, of Washington, D. C., entered an appearance for appellant.

John H. Burnett, of Washington, D. C., with whom Chapin B. Bauman, of Washington, D. C., was on the brief, for appellee.

Before CLARK and WILBUR K. MILLER, Circuit Judges, and SWEENEY, District Judge, sitting by designation.

CLARK, Circuit Judge.

The facts in this case are relatively simple. Appellee (defendant below) contracted to sell to appellant certain parcels of land on which appellant intended to erect certain warehouses. This purpose was well understood between the parties. A deposit of $5,000.00 was paid out of a total purchase price of $100,000.00. Appellee was not at that time the actual owner of the property but had a contract for its purchase at a stipulated price from the...

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