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SCHMERER v. HAMMER

No. 63-31.

155 So.2d 710 (1963)

Henry M. SCHMERER, and Ann Schmerer, Appellants, v. Harry HAMMER, and Bessie Hammer, his wife, Appellees.

District Court of Appeal of Florida. Third District.

August 20, 1963.

Attorney(s) appearing for the Case

Essen & Essen, for appellants.

Robert B. Fensholt, Miami, for appellees.

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

PER CURIAM.

The plaintiffs brought an action for specific performance of an alleged oral renewal of a lease for one year. A summary final judgment for the defendants was entered and plaintiffs appeal.

The appellants rely on S. Lemel, Inc. v. 27th Avenue Farmers Market, Inc., Fla. App. 1961, 126 So.2d 167 which held that an oral agreement to execute a renewal lease would be enforced where the tenant remained in possession...

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