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GRANT v. GUELLI

No. 1733.

122 So.2d 422 (1960)

H.W. GRANT, Individually and d/b/a Imperial Jewelers, Appellant, v. Tony GUELLI, Appellee.

District Court of Appeal of Florida. Second District.

August 10, 1960.

Attorney(s) appearing for the Case

Kenneth M. Dix, Hallman & Dix, Boca Raton, for appellant.

Hal H. McCaghren and Albert Yurko, West Palm Beach, for appellee.

PER CURIAM.

The appellee, as plaintiff in the lower court, filed a complaint alleging that the appellant-defendant owed plaintiff $880 according to a check attached to the complaint. The defendant answered denying the allegations of the complaint but, by affidavit, admitted the truth of the allegations and sought to set up an affirmative defense of conditional delivery by virtue of a collateral agreement. The plaintiff took the deposition of the defendant which was...

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