Tripi v. United States Fidelity & Guaranty Co.

The judgment which was entered upon the final determination of this court in Tripi v. Cocea was not in reality an affirmance of the judgment, or any part thereof, from which the appeal was originally taken, and to stay the execution of which the bond in suit was given. The final judgment is based upon a different theory from the one from which the appeal was taken. The basis of the former is the fact that the grantors were entitled to and had had a reasonable *867time in which to close the contract of sale, while in the latter it was held that the contract of sale should be reformed by inserting…