MORTGAGE INVESTMENT FOUNDATION v. ELLER


93 So.2d 868 (1957)

MORTGAGE INVESTMENT FOUNDATION, Inc., a Florida corporation, Appellant, v. J.H. ELLER and Mattie Eller, and Daniel J. Kindel, Appellees.

Supreme Court of Florida, Special Division A.

Rehearing Denied May 9, 1957.


Attorney(s) appearing for the Case

Fulton, Sullivan & Burns and Phillips & Hathaway, West Palm Beach, for appellant.

Robert F. Griffith, Jr., Boynton Beach, for appellees.


HOBSON, Justice.

One Kindel, as plaintiff, brought suit against appellee J.H. Eller seeking specific performance of an alleged agreement to sell and convey certain land. Appellant, Mortgage Investment Foundation, Inc., intervened in the suit claiming under an agreement whereby J.H. Eller and his wife were to convey the same realty to the appellant.

The chancellor heard testimony and dismissed the plaintiff Kindel...

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