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CANAL INDUSTRIES, INC. v. CHILDS

No. 86-8595.

823 F.2d 460 (1987)

CANAL INDUSTRIES, INC., and Canal Land Company, a General Partnership, Plaintiffs, v. Florrie Zellner CHILDS, et al., Defendants-Third Party Plaintiffs-Appellees, Lawyers Title Insurance Corporation, Third Party Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 3, 1987.

Attorney(s) appearing for the Case

Dana Garrett Diment, Joyce B. Klemmer, Atlanta, Ga., for third party defendant-appellant.

Hubert C. Lovein, Jr., Jones, Cork & Miller, Macon, Ga., for defendants-third party plaintiffs-appellees.

Before FAY and KRAVITCH, Circuit Judges, and ALLGOOD, Senior District Judge.

ALLGOOD, Senior District Judge:

On July 29, 1980, members of the Childs family purportedly conveyed 1,279.25 acres of land to Canal Industries for $600 per acre. In early 1981 Canal discovered that it had only received 1,040.33 acres and asked the sellers to refund the overpayment. When Childs refused, suit was filed for failure of consideration, breach of warranty of title, mutual mistake of fact, unjust enrichment and conversion. The Childs' asserted a third-party...

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