Brooks v. Yawkey

WOODBURY, Circuit Judge.

This is an appeal from a summary judgment entered under Rule 56, Fed. Rules Civ.Proc. 28 U.S.C.A., dismissing an action seeking money damages for breach of an agreement to sell and convey approximately 200 acres of land in the City of Windsor, Province of Ontario, Canada. There is no doubt that the value of the matter in controversy exclusive of interest and costs is well over $3,000. But it is al leged in the complaint that the plaintiff-appellant’s decedent at the time he brought this action about a year before his death was a “resident” of Michigan, and that the…