Legal Opinion

Eastern Express, Inc. v. Mack Warehouse Corporation and Eavenson & Levering Company

Court of Appeals for the Third Circuit

Decided February 11, 1964No. 14445_1PublishedCited by 10 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

This is a suit by the purchaser of a tract of land in Philadelphia against the seller for damages caused by alleged deceit in the oral negotiations which brought about the sale. The buyer contends that Samuel Foyle, a Philadelphia real estate broker who acted as the seller’s agent, willfully deceived the buyer’s agent, David Rosenfeld, an Indiana lawyer, concerning the nature and condition of the subsoil.

The case was tried to a court sitting without a jury. The court found that Foyle had made no affirmative misrepresentations concerning soil conditions, that his failure…

2Cases cited3 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Walter Seideman v. Anne HamiltonCourt of Appeals for the Third Circuit · 1960
  3. Williams v. Babcock & Wilcox Co.Court of Appeals for the Third Circuit · 1959

3Cited by10 opinions

  1. John W. Skeels v. Universal C. I. T. Credit Corporation v. Estelle A. Skeels, Third-PartyCourt of Appeals for the Third Circuit · 1964
  2. Brown v. BuchananDistrict Court, E.D. Virginia · 1975
  3. Speyer, Inc. v. Humble Oil & Refining Co.Court of Appeals for the Third Circuit · 1968
  4. United States v. KleinDistrict Court, W.D. Pennsylvania · 1964
  5. American Marine Upholstery Co. v. MinskyCourt of Appeals of Texas · 1968

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