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MILLS v. BEIMS

No. 1524.

132 So.2d 228 (1961)

J.B. MILLS and Alma A. Mills, his wife, Appellants, v. Henry W. BEIMS, Appellee.

District Court of Appeal of Florida. Second District.

August 2, 1961.

Attorney(s) appearing for the Case

John P. Wilkerson, Eustis, and Wilkerson & Haasze, Orlando, for appellants.

W.M. Kennedy, T.R. Champion, Mount Dora, for appellee.

MURPHREE, JOHN A.H., Associate Judge.

Appellee sued for specific performance of an option to buy contained in a written lease of certain real estate. Appellants filed an answer of considerable length and a counterclaim that was no model of brevity. Appellee moved to strike portions of the answer and to dismiss the counterclaim. The Chancellor, being of the opinion that the complaint failed to state a cause of action, dismissed it with leave to amend. He also struck...

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