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211 F.2d 809
ROSEN
v.
CAIN et al.
CAIN et al.
v.
ROSEN.No. 11947.
No. 11948.
United States Court of Appeals District of Columbia Circuit.
Argued April 5, 1954.
Decided April 15, 1954.
Mr. Stanley H. Kamerow, Washington, D. C., with whom Mr. Allan L. Kamerow, Washington, D. C., was on the brief, for appellant in No. 11947 and appellee in No. 11948.
Mr. William H. Clarke, Washington, D. C., for appellees in No. 11947 and appellants in No. 11948. Mr. Richard W. Galiher, Washington, D. C., entered an appearance for appellees in No. 11947 and appellants in No. 11948.
Before WILBUR K. MILLER, PRETTYMAN and FAHY, Circuit Judges.
PER CURIAM.
1The appellees in No. 11,947 sued for specific performance of a contract with the appellant by the terms of which the latter agreed to sell them a "proprietary lease" on a unit in a co-operative apartment house owned and operated by a corporation which he controlled.
2Appellant resisted on the ground that a condition precedent — approval of the purchasers by the corporation's directors — had not been met. It appeared, however, that, at or about the same time, he had sold to the female appellee a lease on an adjoining apartment without board approval. He said, "* * * I thought I knew enough of Mrs. Cain to approve her without the board * *."
3The District Court correctly concluded that appellant's defense was based on an insubstantial technicality. The corporation was his alter ego. The judgment decreeing specific performance is affirmed.
4The second appeal, No. 11,948, is from the trial court's refusal to give the purchasers judgment against Rosen for their counsel fee. We cannot say this refusal was an abuse of discretion.
5Affirmed on both appeals.
Document Info
Docket Number: 11947, 11948
Citation Numbers: 211 F.2d 809
Judges: Fahy, Miller, Per Curiam, Pret-Tyman, Wilbur
Filed Date: 4/15/1954
Precedential Status: Precedential
Modified Date: 8/3/2023