LIEBERBAUM v. SURFCOMBER HOTEL CORP.

No. 59-294.

122 So.2d 28 (1960)

Jack LIEBERBAUM et al., Appellants, v. SURFCOMBER HOTEL CORP., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 29, 1960.


Attorney(s) appearing for the Case

Ely R. Katz, Miami Beach, for appellants.

Sibley, Grusmark, Barkdull & King, Miami Beach, for appellees.


PEARSON, Judge.

The appellant sought to foreclose two mortgages. The defendants answered and claimed that the plaintiffs were barred from relief by their inequitable conduct. The chancellor after trial found that it would not be equitable to permit plaintiff to accelerate the maturity of the notes without first giving the defendants an opportunity, as if no default had occurred, to pay the amount which they were in duty bound to pay under the contract. He dismissed...

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