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GEORG JENSEN, INC. v. UNITED STATES

No. 178, Docket 25787.

275 F.2d 386 (1960)

GEORG JENSEN, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 4, 1960.

Attorney(s) appearing for the Case

John J. Loflin, Jr., New York City (Kelley, Drye, Newhall & Maginnes and John J. Costello, New York City, on the brief), for plaintiff-appellant.

Charles T. Beeching, Jr., Asst. U. S. Atty., New York City (Marguerite R. de Smet, Asst. U. S. Atty., and S. Hazard Gillespie, Jr., U. S. Atty. for Southern Dist. of New York, New York City, on the brief), for defendant-appellee.

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

MEDINA, Circuit Judge.

In the spring of 1946 Georg Jensen, Inc. negotiated the purchase of the premises 680-684 Fifth Avenue, New York City from John D. Rockefeller, Jr. for $2,500,000. The purchase price was to be a $500,000 cash down payment and a purchase money bond and mortgage for the balance. An integral part of the deal was that the corporation would be under no obligation to pay the balance of the purchase price represented by the purchase money bond and mortgage...

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