DISTRICT OF COLUMBIA. American Ry. Exp. Co. v. Fashion Shop, The (App. D. Č.). American Tobacco Co. v. Gordon (App. D. C.).... United States v. Plant (D. C. Cal.) ucator Food Co. (App. D. C.). Malone v. Hay (App. D. C.). Malone v. Hay (App. D. C.). Monroe v. United States (App. D. C.) Norman v. Norman (App. D. C.)... Perry v. Work (App. D. C.). Petersen v. Thomas (App. D. C.). Poling v. Jeffords (App. D. C.) Rocke v. Bogdonoff (App. D. C.). Ross v. McLean (App. D. C.). Rudolph v. Warwick (App. D. C.) Sanders v. Monroe (App. D. C.) 570 Le Crone v. Mellon (App. D. C.). 907 656 656 905 906 645 911 19 887 908 653 .1005 CASES ARGUED AND DETERMINED IN THE CIRCUIT COURTS OF APPEALS AND DISTRICT COURTS OF BEARD v. MANLEY et al. (Circuit Court of Appeals, First Circuit. January 26, 1926.) No. 1859. Vendor and purchaser 44-Evidence held not to show agreements in consideration of extension of option to purchase were procured by fraud or coercion. Where plaintiff, in order to secure extension of option to purchase realty, conveyed realty to defendants under agreement that, on making certain payments, realty should be reconveyed, and subsequently, to obtain further extension, agreed that conveyance should be absolute if option, as extended, was not exercised, evidence held not to show that such agreements were due to fraud or coercion of plaintiff. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Suit by Herbert A. Beard against John B. Manley and another. Decree for defendants, and plaintiff appeals. Affirmed. Alfred E. Lunt, of Boston, Mass., for appellant. Clifford H. Frost, of Boston, Mass. (Arthur L. Doggett, of Boston, Mass., on the brief), for appellees. been the summer home of Theodore N. Vail, and comprised about 250 acres of land, on which there was a 100-room house and various other buildings. The plaintiff, not being able to meet the payment due from him on September 9, 1922, on or about that date procured an extension of the option from the defendants, which would expire December 9, 1922, and delivered to them a deed of his property in Lynn, with the understanding that they should deed it back when the plaintiff had paid $5,000 for each period of 30 days, or part thereof, for which the option ran. This deed was re corded. The plaintiff made unsuccessful attempts to raise money upon the real estate in Lyndonville which he was to acquire, and, being unable to do so, he entered into the following agreement with the defendants: "Boston, Mass., January 3, 1923. "Agreement between Herbert A. Beard and Grapes & Manley: "In consideration that you extend option and agreement given me under dates of August 25 and September 9, 1922, to purchase the Theodore N. Vail estate, which option Before BINGHAM, JOHNSON, and expired December 9, 1922, and by this agreeANDERSON, Circuit Judges. JOHNSON, Circuit Judge. Herbert A. Beard was engaged in the real estate business in Lynn, Mass., and, on August 25, 1922, entered into an agreement with the defendants whereby they agreed to convey to him on or before October 2, 1922, certain real estate in Lyndonville, Vt., in exchange for a deed from him of certain real estate in Lynn, which was heavily mortgaged, and the payment of $40,000, of which $5,000 was to be paid on September 9, 1922, and the balance upon the exchange of deeds. The Lyndonville property had formerly 10 F. (2d)-1 ment to be extended to January 24, 1923, I hereby agree that, in case I do not exercise said option and complete the purchase of said Vail estate on or before said January 24, 1923, the deed which I executed and delivered to you on September 9, 1922, covering real estate owned by me at Tremont Street Court in Lynn, Mass., shall become absolute on January 25, 1923. Thereafter I will claim no rights, title, or interest in and to the property described in said deed. "Herbert A. Beard. "By J. B. Manley. "Rose G. Mulligan, Witness." |