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SCHWARTZ v. ROBINOWITZ

No. 12303.

223 F.2d 622 (1955)

Samuel SCHWARTZ, Appellant, v. William ROBINOWITZ et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1955.

Attorney(s) appearing for the Case

Mr. Sol M. Alpher, Washington, D. C., with whom Mr. Louis E. Spiegler, Washington, D. C., was on the brief, for appellant.

Mr. Herman Miller, Washington, D. C., for appellees.

Before BAZELON, FAHY and DANAHER, Circuit Judges.

PER CURIAM.

Only the sellers, in the written real estate contract involved here, fully performed on the agreed settlement date. Several days thereafter and before the buyer tendered performance, the sellers declared the sale off and claimed an amount under the forfeiture provision of the contract. The buyer brought this suit for specific performance and the sellers counterclaimed under the forfeiture provision. Upon trial...

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