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EL ENCANTO v. BOCA RATON CLUB

59 So.2d 523 (1952)

EL ENCANTO, Incorporated, a Florida corporation, appellant, v. BOCA RATON CLUB, Incorporated, a Florida corporation, and Roney Plaza Corp., a Florida corporation, appellees.

Supreme Court of Florida, en Banc.

June 13, 1952.

Attorney(s) appearing for the Case

J.B. Spence and Nichols, Gaither & Green, Miami, for appellant.

Williams, Solomon & Katz, Miami, and Earnest, Lewis, Smith & Jones, West Palm Beach, for appellees.

PER CURIAM.

The judgment of the lower court is affirmed as to the first count of the amended complaint and reversed as to the second count thereof, which the Court holds does not wholly fail to state a cause of action. See Common Law Rule 9(g), 30 F.S.A. as to pleading alternatively.

SEBRING, C.J., and TERRELL, CHAPMAN, THOMAS, HOBSON and MATHEWS, JJ., concur.

ROBERTS, J., not...

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