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COX v. LA POTA

76 So.2d 662 (1954)

Stanley H. COX and Mamie F. Cox, his wife, Appellants, v. Michael D. LA POTA and Adelaide R. La Pota, his wife, Appellees.

Supreme Court of Florida. Special Division A.

Rehearing Denied January 10, 1955.

Attorney(s) appearing for the Case

W. Kenneth Barnes, Dade City, for appellants.

Dayton & Dayton, Dade City, for appellees.

MATHEWS, Justice.

This is an appeal from a decree for specific performance. The contract involved was dated June 11, 1953, and the suit was filed October 5, 1953.

The first error alleged by the appellants is that the property was owned by husband and wife and that although they admitted the execution of the contract it was not executed in the presence of two attesting witnesses. This fact was not made known to the appellees until the appellants filed their...

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