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PARTRIDGE III v. HYNNING

No. 18264.

335 F.2d 994 (1964)

Daniel PARTRIDGE III, as Trustee u/w Grace S. Partridge, Appellant, v. Clifford J. HYNNING, etc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 11, 1964.

Petition for Rehearing Denied September 18, 1964.

Attorney(s) appearing for the Case

Mr. Philip F. Herrick, Washington, D. C., for appellant.

Mr. Clifford J. Hynning, Washington, D. C., with whom Mr. Lawrence C. Moore, New York City, was on the brief, for appellee.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.

Petition for Rehearing en Banc Denied September 18, 1964.

WILBUR K. MILLER, Circuit Judge.

By a contract dated June 30, 1961, Daniel Partridge III sold and agreed to convey two old residences, which he owned as a testamentary trustee, to Clifford J. Hynning, who desired to convert them into a single office building. Hynning was to assume a mortgage debt of about $20,000 and execute a note to Partridge for about $65,000 secured by a second deed of trust. The...

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