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MALLIN v. SCHAPER

No. 10093.

185 F.2d 1 (1950)

MALLIN v. SCHAPER et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 15, 1950.

Attorney(s) appearing for the Case

Ira B. Burns, and Burns & Burns, Kansas City, Mo., for plaintiff-appellant.

Walter L. Roos, Henry C. M. Lamkin, St. Louis, Mo. (Cobbs, Logan, Armstrong, Teasdale & Roos, St. Louis, Mo., of counsel), for appellee.

Before MAJOR, Chief Judge, and KERNER and DUFFY, Circuit Judges.

KERNER, Circuit Judge.

This appeal is from a judgment for defendants on a counterclaim in a suit to recover the down payment of $25,000 on the purchase of an apple orchard under contract of sale rescinded by the buyer on the alleged ground of failure of the seller to furnish deed conveying merchantable title.

The contract was entered into April 2, 1946, between plaintiff, the buyer, a citizen of Missouri, and the Schaper Products

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