MARKOWITZ BROTHERS, INC. v. JOHN A. VOLPE CONST. CO.

Civ. No. 129-62-M.

209 F.Supp. 339 (1962)

MARKOWITZ BROTHERS, INC., a Florida corporation, Plaintiff, v. JOHN A. VOLPE CONSTRUCTION CO., Inc., a Massachusetts corporation, Defendant.

United States District Court S. D. Florida, Miami Division.

September 13, 1962.


Attorney(s) appearing for the Case

Williams, Salomon, Kenney & Lindzon, Miami, Fla., for plaintiff.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, Fla., for defendant.


DYER, District Judge.

This cause came on to be heard upon Defendant's motion for summary judgment, based upon the contention that even admitting for the purposes of this motion that an oral contract in the terms alleged had been entered into, the contract was unenforceable under the "one year clause" of the Florida version of the Statute of Frauds, F.S.A. § 725.01. The court has heard argument of counsel, has considered the pleadings, depositions and other matters...

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