ZMISTOWSKI v. OXLEY

No. 3791.

161 So.2d 706 (1964)

M.J. ZMISTOWSKI, and hs wife, Doris L. Zmistowski, Zmistowski Construction Company, a Florida corporation, and Dormanine Holding Corporation, a Florida corporation, Appellants, v. John T. OXLEY and his wife, Mary K. Oxley, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied March 27, 1964.


Attorney(s) appearing for the Case

Warwick, Paul & Warwick, West Palm Beach, for appellants.

Burns, Middleton, Rogers & Farrell, Palm Beach, and Kirk Sullivan, West Palm Beach, for appellees.


WHITE, Judge.

Plaintiffs appeal a final decree in favor of the defendants in a suit by which the plaintiffs sought to void an alleged mortgage loan transaction as being usurious.1

The defendants by answer and counterclaim denied that the involved transaction was a mortgage loan and alleged that on the contrary it concerned a deed absolute with option back to plaintiffs and that plaintiffs breached the option agreement; and defendants...

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