RUBENSTEIN v. RUBENSTEIN


46 So.2d 602 (1950)

RUBENSTEIN v. RUBENSTEIN.

Supreme Court of Florida, Division A.

Rehearing Denied June 20, 1950.


Attorney(s) appearing for the Case

Francis M. Miller, Miami, for appellant.

George Schwartz, Miami Beach, for appellee.


THOMAS, Justice.

The appellee was successful in a suit to obtain a decree annulling his marriage to the appellant on the ground that the contract was void "ab initio by reason of the defendant's fraud and failure to consummate" it. The fraud, so it was alleged, consisted of the defendant's representations prior to the marriage that she desired to bear children, representations which, it was charged, were "not true thoughts."

These averments were put in issue...

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