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ROGERS v. LION TRANSFER AND STORAGE CO.

No. 18908.

345 F.2d 80 (1965)

M. Robert ROGERS et al., Appellants, v. LION TRANSFER AND STORAGE CO., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Mr. Monroe Oppenheimer, Washington, D. C., with whom Mr. Abraham J. Harris, Washington, D. C., was on the brief, for appellants.

Mr. Mark P. Friedlander, Washington, D. C., with whom Messrs. Mark P. Friedlander, Jr., Blaine P. Friedlander and Harry P. Friedlander, Washington, D. C., were on the brief, for appellee.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

PER CURIAM:

Appellants sued for breach of a real estate contract dated June 19, 1961, under which appellee contracted to purchase a warehouse for $410,000 but failed and refused to perform. The trial court held that the contract was valid but that appellants had not shown damage by the breach. Appellee did not cross appeal from the holding that the contract was enforceable.

The evidence shows that after appellee's refusal to buy at $410,000 appellants later...

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