MAKOFSKY v. CUNNINGHAM

No. 76-3499.

576 F.2d 1223 (1978)

Howard L. MAKOFSKY, Jr., Plaintiff-Appellant, v. Raymond C. CUNNINGHAM, II, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 24, 1978.


Attorney(s) appearing for the Case

James J. Morrison, Jr., New Orleans, La., for plaintiff-appellant.

Phillip A. Wittmann, James C. Gulotta, Jr., New Orleans, La., for defendant-appellee.

Before WISDOM, GOLDBERG, and RUBIN, Circuit Judges,


ALVIN B. RUBIN, Circuit Judge:

Turning our federal robes into Louisiana garments in this multi-issued case arising out of a contract to sell Louisiana land and brought to a federal forum solely because of diversity, we conclude that title to the property was merchantable, the buyer was not justified in his refusal to perform the contract and therefore forfeited his deposit, and, on a companion tort claim, that the seller did not defame the buyer. Good faith in the...

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