[Download] "Carter Coal Co. v. Litz" by United States Court of Appeals for the Fourth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Carter Coal Co. v. Litz
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 06, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Carter Coal Company (hereinafter called Carter) instituted, in the United States District Court for the Western District of Virginia, a civil action against A. Z. Litz, Jr., and others (hereinafter collectively called Litz). Carter, as vendee, sought (among other forms of relief) against Litz, as vendors, the cancellation of a contract (at least partially performed) of sale of underwater seams of coal in a tract of land of 2,400 acres in McDowell County, West Virginia, and the recovery by Carter from Litz of the cash purchase price already paid, together with certain negotiable notes and other evidences of the deferred purchase price. The theory of Carters case was that, on the ground of raud (or fraudulent concealment) by Litz of a serious defect in the title of Litz to the land in question, Carter (in fact and in law) had actually rescinded the whole transaction. Carter, in connection with this alleged rescission by it, tendered to Litz a reconveyance of the tract of 2,400 acres, and Carter further offered to put Litz in statu quo.

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