PHELPS v. HIGGINS

No. 1600.

120 So.2d 633 (1960)

C.B. PHELPS, Appellant, v. Lewis C. HIGGINS and Leota C. Higgins, Sometimes Known As Leota I. Higgins, His Wife, Appellees.

District Court of Appeal of Florida. Second District.

May 18, 1960.


Attorney(s) appearing for the Case

Daniel J. LeFevre, Warrick, Cargill & LeFevre, Winter Park, for appellant.

Gladstone L. Kohloss, Orlando, for appellees.


STEPHENSON, GUNTER, Associate Judge.

C.B. Phelps, plaintiff in the lower court, brings this interlocutory appeal complaining of an order of the trial court transferring his cause of action to the law side of the court.

Plaintiff filed a complaint in chancery alleging that he and the defendants entered into an oral contract to jointly purchase and jointly own a residence located in Winter Park, Orange County, Florida; that pursuant to said verbal agreement...

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