HENDRY, Chief Judge.
A complaint was filed against the defendant, A.E. Ottaviano, Inc., by the plaintiff, Gerosa Roads, Inc., in which it was alleged that Ottaviano made and executed a promissory note in the sum of $50,000.00, giving a mortgage to secure the same, encumbering real property located in Dade County, and that Ottaviano had failed to comply with the terms of the note and mortgage, by its failure to pay the note upon demand made October 23, 1964, and pay...
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