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TOVREA v. ALDERMAN

No. 18441.

330 F.2d 512 (1964)

Phil TOVREA, Jr., Appellant, v. U. S. ALDERMAN, Appellee.

United States Court of Appeals Ninth Circuit.

April 1, 1964.

Attorney(s) appearing for the Case

Black, Kendall, Tremaine, Boothe & Higgins, Ferris F. Boothe, and Michael H. Schmeer, Portland, Or., for appellant.

Shuler, Sayre, Winfree & Rankin, Paul A. Sayre, and Robert L. Myers, Portland, Or., and Marsh, Marsh, Dashney & Cushing, and Francis E. Marsh, McMinnville, Or., for appellee.

Before CHAMBERS, HAMLIN and DUNIWAY, Circuit Judges.

CHAMBERS, Circuit Judge.

In this diversity case Alderman has retained a $50,000 deposit made by Tovrea on a proposed purchase of Alderman's farms in Oregon for $2,641,000. The transaction collapsed and Tovrea sued for his money back. The district court ruled in favor of Alderman. We affirm.

The sequence of events begins with a pure written option granted Tovrea by Alderman on July 2, 1959, for the $50,000 deposit. The option was superseded by an agreement...

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