JOHN I. MOSS, INC. v. COBBS COMPANY

No. 66-582.

198 So.2d 872 (1967)

JOHN I. MOSS, INC., an Illinois Corporation, Appellant, v. The COBBS COMPANY, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 7, 1967.


Attorney(s) appearing for the Case

Snyder, Young & Stern, North Miami Beach, for appellant.

Shutts & Bowen and Thomas H. Anderson, Miami, Broad & Cassel and Lewis Horwitz, Miami Beach, for appellee.

Before HENDRY, C.J., and BARKDULL and SWANN, JJ.


HENDRY, Chief Judge.

Appellant who was plaintiff below seeks reversal of a judgment for appellee-defendant entered in a non-jury trial after the court granted defendant's motion to dismiss the complaint with prejudice at the close of plaintiff's evidence. Defendant's motion for leave to withdraw its counter-claim was granted and the counter-claim was withdrawn with prejudice.

The plaintiff in the complaint alleges that it submitted to the defendant a franchise...

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