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RATH COMPANY v. SUN COAST FRUIT CO.

No. 65-471.

186 So.2d 806 (1966)

The RATH COMPANY, a Florida Corporation, Appellant, v. SUN COAST FRUIT CO., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

March 1, 1966.

Attorney(s) appearing for the Case

Harry L. Bassett, Miami, for appellant.

Mershon, Sawyer, Johnston, Dunwody & Cole and Peter C. Jones, Miami, for appellee.

Before HENDRY, C.J., and SWANN, J., and PARKER, J. GWYNN, Associate Judge.

PARKER, J. GWYNN, Associate Judge.

The plaintiff (appellant in this appeal) in an action seeking damages for an alleged breach of contract appealed the trial court's order entered sua sponte denying plaintiff's motion to amend its complaint and dismissing the cause. The appellant's contentions are valid, and we reverse.

In this non-jury trial before the court the plaintiff was attempting to establish the contractual obligation on which its cause depended...

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