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Byers v. Federal Land Co.

United States Circuit Court of Appeals for the Eighth Circuit
3 F.2d 9 (1924)


Federal Land Co. (Federal) (defendant) entered into a contract to buy a tract of land from another company. Shortly thereafter, Federal entered into a contract whereby Byers (plaintiff) agreed to purchase the tract of land. The contract contained no statements with regard to Federal’s possession of the land. Byers agreed to pay installments and Federal agreed to convey the land to Byers when he had paid the balance. Byers began paying installments and leased the land to a third party. The other company contacted Byers and informed him that it would send him a deed for the land once the balance was paid. Byers filed suit. Byers argued that Federal had made fraudulent misrepresentations about the following facts: (1) ownership, (2) possession, and (3) value. Federal moved to dismiss. The trial court held that Federal had not made actionable misrepresentations and dismissed Byers’s action. Byers appealed to the United States Circuit Court of Appeals for the Eighth Circuit.

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