PARADISE POOLS v. GENAUER

No. 57-450.

104 So.2d 860 (1958)

PARADISE POOLS, Inc., a Florida corporation, Appellant, v. Samuel GENAUER, Appellee.

District Court of Appeal of Florida. Third District.

September 9, 1958.


Attorney(s) appearing for the Case

B.C. Fuller and G. Milton Rubin, Miami Beach, Ehrich & Zuckerman, Miami, and Burton B. Loebl, Miami Beach, for appellant.

Nathanson & Oka, Miami Beach, for appellee.


PEARSON, Judge.

Plaintiff-appellant brought suit seeking specific performance based on an option given it by the defendant which plaintiff alleged it exercised and the defendant in his answer admitted the exercise of the option by the plaintiff. Upon a motion by defendant for a judgment on the pleadings, the court entered a final decree of dismissal from which plaintiff appealed. The complaint is not wholly without equity and we reverse.

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