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BOYMER v. BIRMELIN

No. 68-913.

227 So.2d 358 (1969)

Ray BOYMER and Mary Boymer, Husband and Wife, Appellants, v. Robert C. BIRMELIN, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 7, 1969.

Attorney(s) appearing for the Case

Hendricks & Hendricks, Miami, for appellants.

Goodman & Peterson, Horton & Schwartz, Miami, for appellee.

Before CHARLES CARROLL, BARKDULL and HENDRY, JJ.

CHARLES CARROLL, Judge.

This is an appeal by the plaintiffs below from an adverse judgment, entered following trial without a jury, in an action on a promissory note.

The defendant did not dispute the making and delivery, or the maturity and nonpayment of the note, but pleaded want of consideration. The appellants seek reversal on the ground that the judgment is contrary to the evidence, in that the defendant failed...

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