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WHITLOCK & ASSOCIATES, INC. v. AARON

No. 8688.

383 F.2d 72 (1967)

WHITLOCK & ASSOCIATES, INC., and L. E. Whitlock, Appellants, v. George AARON, Jack Miller, Houston B. Hill, J. D. Kennedy and Frank C. Ryburn, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 18, 1967.

Attorney(s) appearing for the Case

Emmet A. Blaes, of Jochems, Sargent & Blaes, Wichita, Kan. (James A. Kilgore, of Kilgore & Kilgore, Dallas, Tex., and Bruce W. Zuercher, Wichita, Kan., with him on the brief), for appellants.

Harold Hoffman, of Wynne, Jaffe & Tinsley, Dallas, Tex. (Robert C. Foulston and Malcolm Miller, of Foulston, Siefkin, Powers, Smith & Eberhardt, Wichita, Kan., and Morris I. Jaffe, Dallas, Tex., with him on the brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

This action arose out of an alleged breach of a Texas contract wherein appellants agreed to purchase from the appellees1 1513 acres of land known as the "Jenkins tract", together with an option held by the sellers to acquire an additional 1320 acres referred to as the "Schenkel tract", all located near and annexed to the city of Dallas, Texas. The property was principally suitable for the production of sand and...

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