Carl Beistline v. City of San Diego and General Dynamics Corporation

BARNES, Circuit Judge.

Plaintiff-appellant sued in 1957 to rescind the sale made by him to the City of San Diego in 1947 of eighty-two acres of land located on Kearney Mesa in the said City of San Diego, California, or, in the alternative, for an accounting of profits. Plaintiff voluntarily sold the property, but only after the City of San Diego had filed a suit to condemn the property for use as a municipal airport. Nine years later, in 1956, the City of San Diego is alleged to have sold the same land to defendant General Dynamics Corporation at a considerable profit. Plaintiff charges in his…