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CAPOZZI v. SCHEINER

77 So.2d 424 (1954)

Nicholas CAPOZZI, Appellant, v. Benjamin SCHEINER, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied January 18, 1955.

Attorney(s) appearing for the Case

Turnbull & Pepper, Tallahassee, Raymond G. Nathan, Miami, for appellant Nicholas Capozzi.

Dubbin, Blatt & Schiff, Miami, for appellants Adamco, Inc., and Anthony Damiano.

J.M. Flowers, Miami, for appellee L.M. Gerstel, receiver.

George H. Henry, Miami, for appellee Benjamin Scheiner.

MATHEWS, Justice.

In this case a going concern bought considerable equipment and machinery on retain title contract which was used in conducting an ice cream business. The ice cream company owned the building. After the equipment and machinery was installed the ice cream company got in default and the President of the company made considerable effort to borrow money to pay for the machinery. He was unsuccessful and the firm finally went "on the rocks".

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