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S.H. KRESS & COMPANY v. DESSER AND GARFIELD, INC.

No. 66-38.

193 So.2d 192 (1966)

S.H. KRESS & COMPANY, a New York Corporation, Appellant, v. DESSER AND GARFIELD, INC., a Delaware Corporation, and Teachers Insurance and Annuity Association of America, a New York Corporation, Appellees.

District Court of Appeal of Florida. Third District.

December 20, 1966.

Attorney(s) appearing for the Case

Smathers & Thompson and L.S. Bonsteel, Miami, for appellant.

Walton & Garrick, Miami, for appellee Teachers Insurance & Annuity Ass'n of America.

Before PEARSON and SWANN, JJ., and KNUCK, FRANCIS X., Associate Judge.

PEARSON, Judge.

The appellant was the plaintiff in the trial court and the appellee was defendant. The appeal is from a final decree which denied plaintiff's prayer for the rescission of its lease of a store building in a shopping center. The appellant contends that it is entitled to a cancellation or a rescission of the lease because the developer's failure to build the shopping center as covenanted is so material in extent that the breach defeats the purpose of...

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