McCORMICK v. LEWIS

No. 14060.

201 F.2d 861 (1953)

McCORMICK v. LEWIS et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 26, 1953.


Attorney(s) appearing for the Case

John M. Coe, Pensacola, Fla., for appellant.

E. Dixie Beggs, Yonge, Beggs & Lane, Pensacola, Fla., H. P. Sapp, of J. M. & H. P. Sapp, Panama City, Fla., for appellees.

Before HUTCHESON, Chief Judge, and STRUM, Circuit Judge.


HUTCHESON, Chief Judge.

Brought July 5, 1951, some 19 months after the performance date as extended to December 19, 1949, for rescission of a contract, for avoidance of the forfeiture provided for in it, and for an accounting as to moneys deposited and expended by plaintiff in connection with it, the suit charged the defendants with fraudulent and inequitable conduct and sought relief therefrom.

The claim in substance was: that plaintiff contracted with defendants...

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