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CENTRAL FLORIDA LUMBER CO. v. TAYLOR-MOORE SYNDICATE

No. 6134.

51 F.2d 1 (1931)

CENTRAL FLORIDA LUMBER CO. v. TAYLOR-MOORE SYNDICATE, Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 7, 1931.

Attorney(s) appearing for the Case

W. H. Baker, Geo. L. Rutherford, and Martin Sack, all of Jacksonville, Fla. (Baker, Baker & Rutherford, of Jacksonville, Fla., on the brief), for appellant.

N. B. K. Pettingill and Cody Fowler, both of Tampa, Fla. (Macfarlane, Pettingill, Macfarlane & Fowler, of Tampa, Fla., on the brief), for appellees.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge (after stating the facts as above).

There was a misjoinder of parties. The Leach Syndicate was interested only in the recovery of $25,000 which it paid for the original option for thirty days. The assignee syndicates claimed $75,000 upon the subsequent payments, and an additional sum as attorney's fee. The three syndicates did not have a claim in common to the amount sued for. But it may be assumed that the misjoinder would not be fatal if the...

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