STEMMLER v. MOON JEWELRY COMPANY

No. C-352.

139 So.2d 150 (1962)

Jeanette L. STEMMLER, Gertrude L. Giavani and Elsbeth Levy, As Trustees under That Certain Revocable Deed of Trust Bearing Date September 26, 1958, and Appearing of Record in Deed Book 235, at Page 85, of the Public Records in the Office of the Clerk of the Circuit Court of Leon County, Florida; and Sara Levy, a Widow, and James Messer (Also Known As James Messer, Jr.), William A. Levy and Elsbeth Levy, As Trustees of the Estate of Elsa Kraus Levy, Deceased, Appellants, v. MOON JEWELRY COMPANY, Inc., a Corporation Organized and Existing under the Laws of the State of Florida, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied April 12, 1962.


Attorney(s) appearing for the Case

James Messer, Jr., Tallahassee, for appellants.

Horne & Rhodes, Tallahassee, for appellee.


RAWLS, Judge.

Jeanette L. Stemmler, et al, appellant-plaintiff, by suit in equity sought a declaratory decree against Moon Jewelry Co., Inc., appellee-defendant, for construction of a lease. From a decree on the pleadings in favor of defendant, plaintiff has appealed.

The gist of this action is founded upon plaintiff's contention that the lease between the parties contained an implied covenant requiring defendant to operate a jewelry business on the leasehold...

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