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BOYCE v. BARRETT

No. 12491.

258 F.2d 640 (1958)

Lester BOYCE, Plaintiff-Appellant, v. John F. BARRETT and Harry H. Hilp, Partners Doing Business as Barrett & Hilp, Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided July 30, 1958.

Rehearing Denied September 17, 1958.

Attorney(s) appearing for the Case

I. Charles Lifland, Jersey City, N. J. (Joseph C. Glavin, Jersey City, N. J., on the brief), for appellant.

Ralph W. Chandless, Hackensack, N. J. (Chandless, Weller & Kramer, Hackensack, N. J., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant entered into a written contract with appellees to purchase real estate. He intended erecting a truck terminal and leasing it to Boyce Motor Lines, Inc., an I.C.C. common carrier. Appellees owners of the land, claiming appellant did not, in the terms of the agreement, diligently try to obtain the right to operate a truck terminal on the premises, retained appellant's five thousand dollar...

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