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GOLDSTEIN v. FLORIDA FISHERMEN'S SUPPLY COMPANY

No. 59-202.

116 So.2d 453 (1959)

Harold GOLDSTEIN, co-partner, and Robert J. Goldstein, co-partner, t/a Breece's Fish and Lobster Market, Appellants, v. FLORIDA FISHERMEN'S SUPPLY COMPANY, Inc., Appellee.

District Court of Appeal of Florida. Third District.

Petition for Rehearing Stricken January 6, 1960.

Attorney(s) appearing for the Case

Karl H. Moskowitz, Miami, for appellants.

Kurt Wellisch, Miami, for appellee.

HORTON, Chief Judge.

This appeal is from a summary judgment rendered for appellee in an action for goods allegedly bargained and sold to appellants, before answer by appellants but also after appellants had moved for summary judgment in their favor.

Appellants contend that there were genuine issues as to material facts which precluded the entry of a summary judgment. This contention is well taken.

The appellants...

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