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One Gustav Muller, a native German, resided in England on May 20th, 1915. He had never been naturalized. He owned a leasehold house in England, and on the date just mentioned he executed a power of attorney to one John White to sell this leasehold house and make proper conveyance of the same. Six days later he was permitted by the British Government to return to Germany, and he started the same day, May 26th. He was known to be in Germany on June 11th, but the date of his arrival was unknown. On June 2 the leasehold was sold to Tingley, but the latter, upon learning the facts here given respecting Muller refused to proceed with the contract of sale, and commenced an action for a declaration that the contract was illegal because at the time it was made the defendant, Muller, was an alien enemy. Eve, J., held that this fact had not been proved, and dismissed the action, and an appeal was taken to the Court of Appeal, Tingley v. Muller, [1917] L. R. 2 Ch. 144, and the decision of Eve, J., was sustained.