SONZ v. ROSE-MARIE


41 So.2d 322 (1949)

Ben SONZ, Sylvia Sonz Lash, and Millicent Sonz Dworkin, as Administrators of the Estate of Max Sonz, Deceased, Appellants, v. ROSE-MARIE, Inc., a Florida Corporation, et al., Appellees.

Supreme Court of Florida, en Banc.

Rehearing Denied July 22, 1949.


Attorney(s) appearing for the Case

Keen, O'Kelley & Spitz, Tallahassee, Broad & Cassel, Miami Beach, and Cushman & Woodard, Miami, for appellants.

Ward & Ward, Miami, and Martin Genet, Miami Beach, for appellees.


PER CURIAM.

Affirmed.

ADAMS, C.J., and THOMAS, SEBRING and HOBSON, JJ., concur.

TERRELL, CHAPMAN, and BARNS, JJ., dissent.

CHAPMAN, Justice (dissenting).

It is my view and conclusion that the second amended bill of complaint, as dismissed below, contains equity and its allegations are legally sufficient to establish a resulting trust and the appellees-defendants should be required to answer the same. See Lofton v. Sterrett, 23 Fla....

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