Suburban Improvement Co. v. Scott Lumber Co.

PARKER, Circuit Judge.

This is the second appeal in this case. On the first, we held the supplemental bill good as setting forth grounds for specific performance under one contract and for removal as cloud from title of lien asserted under another. 59 B. (2d) 711. On the hearing following remand, the District Court entered decree removing the cloud of which complaint was made, but specific performance was denied and complainant has again appealed. No complaint is made of the decree in so far as it relates to the cloud on title, but error is as signed to that portion of it whieh denies specific…