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MODERNAGE FURNITURE CORP. v. MIAMI RUG COMPANY

84 So.2d 916 (1955)

MODERNAGE FURNITURE CORPORATION, a Florida corporation, Appellant, v. MIAMI RUG COMPANY, a Florida corporation, Appellee.

Supreme Court of Florida. Special Division B.

Rehearing Denied December 20, 1955.

Attorney(s) appearing for the Case

L.J. Cushman, Broad & Cassel and Lewis Horwitz, Miami Beach, for appellant.

Breslow & Gelb, Miami, for appellee.

HOBSON, Justice.

Appellant, Modernage Furniture Corporation, brought this proceeding below for a declaration of its rights under a contract which it had entered with Miami Rug Company, appellee. The contract, a copy of which was attached to the complaint, commenced with the following recital:

"Whereas, Modernage is engaged in the business, among other things, of operating two retail furniture stores presently located at 1200 Lincoln Road, Miami Beach, Florida...

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