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LOMA LINDA UNIVERSITY v. DISTRICT-REALTY TITLE INS. CORP.

No. 23353.

443 F.2d 773 (1971)

LOMA LINDA UNIVERSITY v. DISTRICT-REALTY TITLE INSURANCE CORPORATION et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1971.

Attorney(s) appearing for the Case

Mr. Thomas Penfield Jackson, Washington, D. C., for appellants. Mr. Austin P. Frum, Washington, D. C., was on the brief for appellants.

Mr. Harold T. Grier, Washington, D. C., for appellee.

Before McGOWAN and MacKINNON, Circuit Judges, and DAVIES, U. S. District Judge for the District of North Dakota.

MacKINNON, Circuit Judge:

This appeal is from a judgment awarding a $15,000 deposit plus interest to a contract vendor (appellee) who had agreed to sell a certain plot of land free of all covenants, conditions or restrictions. At issue is the validity of the cancellation of the contract to purchase the land by the contract purchaser (appellant).

Under date of March 29, 1966, appellant Capitol Land Corporation (Capitol) entered into a written contract to purchase...

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