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LONDON DISTRIBUTING COMPANY v. BASTONE

No. 70-542.

244 So.2d 550 (1971)

LONDON DISTRIBUTING COMPANY, Appellant, v. Alfred J. BASTONE, Appellee.

District Court of Appeal of Florida, Third District.

February 23, 1971.

Attorney(s) appearing for the Case

Paul E. Gifford, and Norman Somberg, Miami, for appellant.

Nelson & Feldman, Bay Harbor Island, for appellee.

Before PEARSON, C.J., HENDRY, J., and VANN, HAROLD R., Associate Judge.

HENDRY, Judge.

This is an appeal by plaintiff-appellant London Distributing Company ("London") from a final judgment entered on the pleadings in favor of defendant-appellee Alfred J. Bastone ("Bastone"). The pleadings are a second amended complaint and an answer consisting of a general denial and an affirmative defense of payment. See Rule 1.140, Florida Rules of Civil Procedure, 30 F.S.A.

The parties dispute which one of them is the surety and which is the...

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