QUIVIRIAN DEVELOPMENT COMPANY v. POTEET

No. 15876.

268 F.2d 433 (1959)

QUIVIRIAN DEVELOPMENT COMPANY, Inc., a Corporation, Appellant, v. William T. POTEET and Ethel L. Poteet, Appellees.

United States Court of Appeals Eighth Circuit.

July 22, 1959.


Attorney(s) appearing for the Case

Paul Margolis, Jr., Kansas City, Mo. (Louis Kranitz, St. Joseph, Mo., and Granoff, Levy & Craig, Kansas City, Mo., with him on the brief) for appellant.

Walter A. Raymond, Kansas City, Mo. (Joseph K. Owens and Martin Anderson, Kansas City, Mo., with him on the brief), for appellees.

Before GARDNER, Chief Judge, and JOHNSEN and VOGEL, Circuit Judges.


JOHNSEN, Circuit Judge.

Appellant as vendee sued appellees as vendors to recover a $10,000 deposit made on a Missouri land contract. The jury returned a verdict for appellees, and the court denied appellant's motion for judgment notwithstanding the verdict and its alternative motion for a new trial.

The $10,000 was initially paid for an option on the property, running to September 1, 1955. Appellant on that date exercised the option. This, under the terms...

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