Carter Coal Co. v. Litz

DOBIE, Circuit Judge.

Carter Coal Company (hereinafter called Carter) instituted, in the United States District Court for the Western District of Virginia, a civil action against A. Z. Litz, Jr., and others (hereinafter collectively, called Litz). Carter, as vendee, sought (among other forms of relief) against Litz, as vendors, the cancellation of a contract (at least partially performed) of sale of underwater seams of coal in a tract of land of 2,400 acres in McDowell County, West Virginia, and the recovery by Carter from Litz of the cash purchase price already paid, together with certain…