Robert L. Spoo v. Ferris F. Boothe

Appellant appeals from an order dismissing his diversity action on the ground that appellant, whose citizenship created diversity, was not the real party in interest. Appellant sought damages for breach of appellees’ warranty of title to personal property and, alternatively, damages for fraud in inducing him to purchase the personalty that he alleged was worthless. The district court ruled that appellant’s resale of the personalty prior to instituting suit deprived him of his status as the real party in interest and that the real party in interest was appellant’s vendee, a corporation…