MORITT v. FINE

No. 16299.

242 F.2d 128 (1957)

Irving J. MORITT, Appellant, v. Harry L. FINE et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 5, 1957.


Attorney(s) appearing for the Case

Seymour B. Liebman, Miami Beach, Fla., for appellant.

B. F. Paty, Paty, Downey & Daves, West Palm Beach, Fla., for appellees.

Before RIVES, TUTTLE and BROWN, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment of the trial court dismissing appellant's action for failure of the amended complaint to state a claim on which relief could be granted, the claim being of the right to the specific performance of an alleged contract to sell real estate.

The question for review is whether the amended complaint asserted a claim on which relief could be granted. The answer to this question turns upon the question whether...

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