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SUN OIL COMPANY v. BEHRING PROPERTIES, INC.

No. 72-2493.

480 F.2d 310 (1973)

SUN OIL COMPANY, Plaintiff-Appellant, v. BEHRING PROPERTIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 6, 1973.

Attorney(s) appearing for the Case

William A. Meadows, Jr., Eugene C. Heiman, Miami, Fla., for plaintiff-appellant.

Gilbert A. Haddad, Richard M. Gale, Miami, Fla., for defendants-appellees.

Before AINSWORTH, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

This suit arose out of a proposed but abortive sale of Florida real estate to Sun Oil for a filling station site. Behring, the owner, executed and delivered to Sun a proposed agreement of sale on Sun's form, to be sent to Sun's home office for its approval and execution. Before Sun had acted Behring conveyed by warranty deed to Ahrenholz for a lesser consideration than it was to receive from Sun.1 The deed recited...

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