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NIKORA v. MAYER

No. 323, Docket 24858.

257 F.2d 246 (1958)

Leo S. NIKORA, Plaintiff-Appellee, Cross-Appellant, v. Herbert MAYER, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals Second Circuit.

Decided July 30, 1958.

Attorney(s) appearing for the Case

Robert E. Nickerson, Greenwich, Conn. (Arthur Rogers Ivey, Ivey, Barnum, O'Mara & Nickerson, Greenwich, Conn., on the brief), for plaintiff-appellee-cross-appellant.

Frederick E. Weinberg (Sydney C. Perrell, Stamford, Conn., Martin W. Kramer, New York City, on the brief), for defendant-appellant-cross-appellee.

Before SWAN, HINCKS and MOORE, Circuit Judges.

MOORE, Circuit Judge.

This is an appeal from a judgment in a diversity action ordering the defendant, Mayer, to convey a four acre parcel of land in the Town of Greenwich, Connecticut, to the plaintiff pursuant to the terms of a written contract. The plaintiff, Nikora, cross-appeals from the refusal of the District Court to allow compensatory and exemplary damages.

The contract was made on December 3, 1953 between plaintiff as vendee and one Alfred S. Holmes...

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