Legal Opinion · Dissent

Carl A. S. Coan, Jr. v. Victor J. Orsinger and Tyler Gardens Corporation

Court of Appeals for the D.C. Circuit

Decided May 13, 1959No. 14519Published

1DissentDanaher, Circuit Judge

This case involves an oral personal service contract, admittedly entered into. Appellees insist they are free, with complete impunity, to breach their own agreement, the plan of which originated with appellee Orsinger and the promises •of which were undertaken by the appel-lee corporation.

Appellee Orsinger was president of the corporate appellee which in 1956 became the owner of Tyler Gardens, a 482-unit apartment development in Falls Church, Virginia. Orsinger’s affidavit in support of the appellees’ motion for summary judgment discloses that he knew that “one of the development’s needs was…

2Cases cited4 opinions

  1. Packet Co. v. SicklesSupreme Court of the United States · 1867
  2. Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
  3. Street v. Maddux, Marshall, Moss & Mallory, Inc.Court of Appeals for the D.C. Circuit · 1928
  4. Mason-Walsh-Atkinson-Kier Co. v. StubblefieldCourt of Appeals for the Ninth Circuit · 1938

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