DAVIS DOUBLE SEAL JALOUSIES, INC. v. HUCKLEBERRY

No. 61-129.

134 So.2d 31 (1961)

DAVIS DOUBLE SEAL JALOUSIES, INC., a Florida corporation, Appellant, v. L.C. HUCKLEBERRY and Jack Yoder, d/b/a Acme Die & Supply, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 20, 1961.


Attorney(s) appearing for the Case

Louis Winter and Seymour London, Miami, for appellant.

Charles J. Bodner, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.


PER CURIAM.

The defendant appeals a summary final judgment for the plaintiffs and assigns as error, in addition to the summary judgment, the court's dismissal of its fourth amended counterclaim. The controlling question is: Did the court err in denying defendant an opportunity to prove an alleged oral modification of the contract, the breach of which was the subject of plaintiff's suit? The record reveals that the alleged modification which the defendant relied upon...

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