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EASTERN EXPRESS, INC. v. MACK WAREHOUSE CORPORATION

No. 14445.

326 F.2d 554 (1964)

EASTERN EXPRESS, INC., Appellant, v. MACK WAREHOUSE CORPORATION and Eavenson & Levering Company.

United States Court of Appeals Third Circuit.

Decided January 8, 1964.

Rehearing Denied February 11, 1964.

Attorney(s) appearing for the Case

David E. Rosenfeld, Terre Haute, Ind. (Donald J. Farage, Philadelphia, Pa., on the brief), for appellant.

William J. Toy, Philadelphia, Pa. (Paul Leo McSorley, Richard T. McSorley, Walter B. Gibbons, Philadelphia, Pa., on the brief), for appellees.

Before STALEY, HASTIE and SMITH, Circuit Judges.

HASTIE, Circuit Judge.

This is a suit by the purchaser of a tract of land in Philadelphia against the seller for damages caused by alleged deceit in the oral negotiations which brought about the sale. The buyer contends that Samuel Foyle, a Philadelphia real estate broker who acted as the seller's agent, willfully deceived the buyer's agent, David Rosenfeld, an Indiana lawyer, concerning the nature and condition of the subsoil...

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