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HALLMAN v. SAFEWAY STORES, INCORPORATED

No. 23650.

368 F.2d 400 (1966)

O. F. HALLMAN and Wife, Laura L. Hallman, and Robert D. Mitchell, and Wife, Sylvia R. Mitchell, Appellants, v. SAFEWAY STORES, INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 13, 1966.

Attorney(s) appearing for the Case

Earl Luna, Dallas, Tex., for appellants.

W. B. West, III, Dallas, Tex., for appellee.

Before RIVES, THORNBERRY and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

This is a diversity action for specific performance of an agreement to sell certain realty located in Dallas County, Texas. On January 7, 1965, O. F. Hallman and Robert D. Mitchell entered into a purchase-option agreement with W. B. West, III, Trustee (assignor of appellee, Safeway Stores, Incorporated), for which Hallman and Mitchell were paid the agreed consideration of $300.

Under the terms of the agreement (in which Hallman and...

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