Eigen v. Lamson

D.C. Circuit

Eigen v. Lamson

179 F.2d 56, 86 U.S. App. D.C. 40, 1949 U.S. App. LEXIS 2617

CourtCourt of Appeals for the D.C. Circuit

DecidedDecember 19, 1949

Docket10108

StatusPublished

Cited by1 cases

This text of 179 F.2d 56 (Eigen v. Lamson) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eigen v. Lamson, 179 F.2d 56, 86 U.S. App. D.C. 40, 1949 U.S. App. LEXIS 2617 (D.C. Cir. 1949).

Pincite

Opinion

PER CURIAM.

Appellant sued in the District Court alleging payment to appellee of $2000 for land in Virginia with general warranty deed, under an agreement by appellee to file suit to clear title of all clouds, and, in case of failure to obtain such a decree within a reasonable time, to return the purchase price upon a reconveyance of the land. Failure to sue or obtain such decree was also alleged, wherefore appellant prayed for specific performance of the agreement and $300 damages, or for $1200 “if specific performance is not granted.”

The court dismissed the action, holding in effect that under the agreement appellant’s only remedy was by way of a civil action in the Municipal Court for $2000, with tender of a reconveyance deed. We agree with this holding. As a money claim for less than $3000 falls within the exclusive jurisdiction of the Municipal Court (Title 11, § 755(a), D.C.Code (1940), Supplement VI), the District Court was without jurisdiction to entertain the suit.

Affirmed.

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PER CURIAM.

Appellant sued in the District Court alleging payment to appellee of $2000 for land in Virginia with general warranty deed, under an agreement by appellee to file suit to clear title of all clouds, and, in case of failure to obtain such a decree within a reasonable time, to return the purchase price upon a reconveyance of the land. Failure to sue or obtain such decree was also alleged, wherefore appellant prayed for specific performance of the agreement and $300 damages, or for $1200 “if specific performance is not granted.”

The court dismissed the action, holding in effect that under the agreement appellant’s only remedy was by way of a civil action in the Municipal Court for $2000, with tender of a reconveyance deed. We agree with this holding. As a money claim for less than $3000 falls within the exclusive jurisdiction of the Municipal Court (Title 11, § 755(a), D.C.Code (1940), Supplement VI), the District Court was without jurisdiction to entertain the suit.

Affirmed.

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Bluebook (online)

179 F.2d 56, 86 U.S. App. D.C. 40, 1949 U.S. App. LEXIS 2617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eigen-v-lamson-cadc-1949.

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