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ITVENUS, INC. v. POULTRY, INC.

Nos. 70-509, 70-599.

241 So.2d 452 (1970)

ITVENUS, INC., Itvenus Development & Industrial Corp., Itvenus Development & Industrial Corp., Trustee, A.L. Guterma, Anita Guterma, Phillip Jansen and Lynn Jansen, His Wife, and Phillip Jansen, Trustee, Appellants, v. POULTRY, INC., and Atlantic Cold Storage Corp., Appellees. Benjamin C. COHEN, Appellant, v. POULTRY, INC., and Atlantic Cold Storage Corp., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 18, 1970.

Attorney(s) appearing for the Case

Philip Jansen, Fort Lauderdale, and Fuller & Feingold, Miami Beach, for appellants.

Jepeway, Gassen & Jepeway, and Sheldon R. Rosenthal, Miami, for appellees.

Before CHARLES CARROLL and BARKDULL and HENDRY, JJ.

PER CURIAM.

These interlocutory appeals are by the defendants below from an order of the trial court relieving a plaintiff mortgagor of the requirement to make the stipulated monthly payments on a purchase money mortgage, pending trial of issues as to whether the plaintiffs are entitled under a separate contract to credit against the mortgage indebtedness the damages resulting to plaintiffs from alleged failure of defendants to complete contracted for improvements...

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