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APPLEBAUM v. APPEL

82 So.2d 738 (1955)

Bernard B. APPLEBAUM, Appellant, v. J.M. APPEL, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied October 31, 1955.

Attorney(s) appearing for the Case

Dubbin, Blatt & Schiff and Sams & Goldman, Miami, for appellant.

Sibley & Davis, Miami Beach, for appellee.

PER CURIAM.

Affirmed.

SEBRING, HOBSON and ROBERTS, JJ., concur.

PARKS, Associate Justice, concurs specially.

DREW, C.J., and TERRELL and THORNAL, JJ., dissent.

PARKS, Associate Justice (concurring specially).

Summarizing the material allegations of the pleadings focusing the controversy between the parties, plaintiff Applebaum's complaint alleges that he and defendant Appel, on May 5, 1952, agreed in writing to buy from Harry...

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