Legal Opinion

Eristavi-Tchitcherine v. Lasser

Court of Appeals for the Fifth Circuit

Decided November 7, 1947No. 11978PublishedCited by 4 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

Appealing from a judgment rendered April 24, 1947, for specific performance granted on the pleadings,1 appellants are here insisting that the case was not one for determination on the pleadings but for trial on the merits and that, upon proof of *145the facts the pleadings put in issue, specific performance ought to, and would, have been denied.

On November 12, 1946, defendants moved for a judgment on the pleadings ordering rescission and cancellation of the issuance of the 51 shares of stock, specific performance of the sales contract, and an accounting between the…

2Cases cited2 opinions

  1. Goudeau v. DaigleCourt of Appeals for the Fifth Circuit · 1942
  2. General American Life Ins. v. Natchitoches Oil Mill, Inc.Court of Appeals for the Fifth Circuit · 1947

3Cited by4 opinions

  1. General Development Corp. v. BinsteinDistrict Court, D. New Jersey · 1990
  2. Deauville Associates, Inc. v. MurrellCourt of Appeals for the Fifth Circuit · 1950
  3. Deauville Associates, Inc. v. MagrawCourt of Appeals for the Fifth Circuit · 1952
  4. Brittan Communications International Corp. v. Southwestern Bell Telephone Co.District Court, S.D. Texas · 2001

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