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MOIGER v. JOHNSON

No. 10212.

180 F.2d 777 (1950)

MOIGER et al. v. JOHNSON.

United States Court of Appeals District of Columbia Circuit.

Decided March 6, 1950.

Attorney(s) appearing for the Case

Mr. Alvin L. Newmyer, Washington, D.C., with whom Messrs. Alvin L. Newmyer, Jr., and Milton Dunn, Washington, D.C., were on the brief, for appellants. Mr. David G. Bress, Washington, D.C., also entered an appearance for appellants.

Mr. George C. Gertman, Washington, D.C., with whom Mr. Joseph T. Sherier, Washington, D.C., was on the brief, for appellee.

Before WILBUR K. MILLER, PROCTOR and FAHY, Circuit Judges.

PROCTOR, Circuit Judge.

This appeal is from a judgment for specific performance of a contract to sell real estate arising out of an option to purchase contained in a lease by Anna Levinson Moiger, now deceased, (hereafter referred to as "lessor") succeeded by her devisee, Freda D. Kagan, appellant, to William F. Johnson, appellee.

The lease was for a term of twelve months, commencing October 15th, 1942, at a rental...

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