TEXAS CO. v. TOWN OF MIAMI SPRINGS


44 So.2d 808 (1950)

TEXAS CO. v. TOWN OF MIAMI SPRINGS.

Supreme Court of Florida, en Banc.

Rehearing Denied March 24, 1950.


Attorney(s) appearing for the Case

Herbert S. Sawyer, O.B. Simmons, Jr., and Evans, Mershon, Sawyer, Johnston & Simmons, Miami, for appellant.

Thomas H. Anderson, Miami, for appellee.


THOMAS, Justice.

It seems important at the outset to give a chronology of the pleadings and orders in this case.

The appellant, plaintiff in the equity court, brought suit for a declaratory decree and injunction, representing that it had acquired two lots by warranty deeds in the latter part of 1945 and the early part of 1946 for the lone purpose of erecting on them gasoline service stations. During negotiations for the purchase of the property it was ascertained...

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