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SOUTHERN MATERIALS CO. v. BRYAN ROCK AND SAND CO.

No. 8590.

308 F.2d 414 (1962)

SOUTHERN MATERIALS COMPANY, Incorporated, Plaintiff, Appellee, v. BRYAN ROCK AND SAND COMPANY, and American-Marietta Company, Defendants and Third-Party Plaintiffs, et al., Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 12, 1962.

Attorney(s) appearing for the Case

Stanley Worth, Washington, D. C. (Korner, Doyle, Worth & Crampton, Washington, D. C., Armistead J. Maupin, W. T. Joyner, Jr., and Joyner & Howison, Raleigh, N. C., on brief), for appellants.

William P. Oberndorfer, Norfolk, Va. (Charles L. Kaufman and Ira B. Hall, Norfolk, Va., on brief), for appellee.

Before SOPER and BRYAN, Circuit Judges, and BARKSDALE, District Judge.

SOPER, Circuit Judge.

This suit was brought for breach of contract for the sale of land and is based on the failure of the purchaser to whom the land had been conveyed to pay the purchase price in full. The question for decision is whether the purchaser was relieved of the obligation to make payment in full by one or more circumstances set up in defense. Obviously, if none of these defenses can be sustained the purchaser should respond in damages, as was held by the...

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