MARCINAK v. WEST INDIES INVESTMENT COMPANY

No. 13672.

299 F.2d 821 (1962)

Valore L. MARCINAK, Appellee, v. The WEST INDIES INVESTMENT COMPANY et al., Appellants.

United States Court of Appeals Third Circuit.

Decided March 6, 1962.


Attorney(s) appearing for the Case

James H. Isherwood, Christiansted, St. Croix, V. I., for appellants.

George H. T. Dudley, Charlotte Amalie, St. Thomas, V. I., for appellee.

Before ALDRICH, GANEY and SMITH, Circuit Judges.


ALDRICH, Circuit Judge.

This is an action to recover a deposit made in connection with a lease agreement. The defendants allege breach of contract and claim the deposit as liquidated damages. The case was tried to the court, which ruled for the plaintiff on the ground that the agreement was invalid because it lacked the consent of the owner of the underlying fee. Defendants appeal.

On January 6, 1955, St. Croix Real Estate Development Corporation, hereinafter...

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