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ROSS v. HEITNER

No. 63-64.

156 So.2d 869 (1963)

Frank ROSS, Appellant, v. Eli HEITNER, as Executor of the Estate of Jennie Heitner, deceased, and Truly Nolen, Inc., jointly and/or severally, Appellees.

District Court of Appeal of Florida. Third District.

October 22, 1963.

Attorney(s) appearing for the Case

Frates, Fay & Floyd and Kermit G. Kindred, Miami, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Wicker, Smith, Blomqvist, Hinckley & Davant, Miami, for appellees.

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

PER CURIAM.

This was an action at law by a lessee of an apartment against an apartment house owner and an exterminating company for injuries alleged to have resulted from extermination work. An amended complaint presented one count on breach of warranty and a second count on negligence. The trial court granted the owner's motion and dismissed the amended complaint as to the owner. The plaintiff has appealed. We hold that the trial court ruled correctly on the warranty...

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