MARTYN v. FIRST FED. SAV. & L. ASS'N OF W. PALM BEACH

No. 71-261.

257 So.2d 576 (1971)

Charles P. MARTYN, Appellant, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF WEST PALM BEACH, a Corporation Organized and Existing under the Laws of the United States of America, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 29, 1972.


Attorney(s) appearing for the Case

Eugene Charles Heiman and Walter M. Meginniss of Heiman & Crary, P.A., Stuart, for appellant.

Larry Klein, of Cone, Wagner, Nugent, Johnson & McKeown, West Palm Beach, for appellee.


WALDEN, Judge.

Putting aside preamble, does the statute of frauds, F.S. 1969, sec. 725.01, F.S.A., bar a suit for damages upon an oral contract to loan money in return for a mortgage upon realty?

The trial court determined that such contract was encompassed and controlled by the statute. Summary final judgment was thereupon entered for the defendant. Plaintiff appeals. We reverse.

We have not been shown and have not found a controlling Florida case...

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