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HILL v. VETTER

No. 69-634.

231 So.2d 286 (1970)

David A. HILL et al., Appellants, v. Frank M. VETTER, Jr., Appellee.

District Court of Appeal of Florida, Second District.

February 13, 1970.

Attorney(s) appearing for the Case

Charles J. Cheves, Jr. of Wotitzky, Wotitzky & Cheves, Punta Gorda, for appellant Hill.

Samuel V. Johnson of Sheppard & Aloia, Fort Myers, for appellee.

McNULTY, Judge.

This is an interlocutory appeal from an order denying appellant's motion to dismiss on his plea of privilege as to venue.

Appellee Vetter, plaintiff below, sued on an oral contract for the sale of a truck alleging that appellant Hill defaulted in the payment therefor. Suit was brought in Lee County, the present residence of the plaintiff; and the theory of venue relied upon was, and is, that the contract was breached in Lee County.

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