FELL v. MESSEROFF

No. 62-35.

145 So.2d 238 (1962)

Sol FELL and Frances Fell, His Wife Appellants, v. Benjamin MESSEROFF and Gussie Messeroff, His Wife; Royal Flagg Jonas and Barbara Jonas, His Wife; Alexander Fred Jonas and Henrietta Jonas, His Wife; Joseph Weinstock; Stephen F. Kessler; Delta Products, Inc.; Coleman Concrete, Inc.; Frank A. Cardelli and Stolpmann Plumbing Co., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 11, 1962.


Attorney(s) appearing for the Case

Mark Silverstein, Miami Beach, for appellants.

Thomas A. Testa, Miami, and Frank A. Cardelli, for appellees.

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


PEARSON, TILLMAN, Chief Judge.

Appellants were owners of certain real property upon which they gave a ninety-nine year lease. The lessee erected an apartment house upon the land and ordered wall-to-wall carpeting which was supplied by defendant, Cardelli. When this supplier was not paid, he filed a claim of lien against the fee. The appellant-owners brought the instant action to cancel the lease and to extinguish the claims of lien of the carpet supplier and others...

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