CASA MARINA HOTEL COMPANY v. BARNES

No. 57-260.

105 So.2d 204 (1958)

The CASA MARINA HOTEL COMPANY, Appellant, v. Florence M. BARNES, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 10, 1958.


Attorney(s) appearing for the Case

Ungerleider & Winton, Miami Beach, for appellant.

Brigham, Wright, Dressler & Rearick, Miami, for appellee.


PEARSON, Judge.

Plaintiff, appellant herein, filed its complaint in the trial court to recover $9,234.11, which amount represented interest paid to appellee, the payment of which it was alleged appellee had orally agreed to waive and did not waive. The appeal is from a summary judgment for the defendant-appellee. The pleadings, depositions on file and affidavits show certain issues of fact. However, those issues were not material to a determination of the cause. Even...

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