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JUNCTION BIT & TOOL CO. v. VILLAGE APARTMENTS, INC.

No. 41439.

262 So.2d 659 (1972)

JUNCTION BIT & TOOL COMPANY, a Colorado Corporation, Petitioner, v. VILLAGE APARTMENTS, INC., a Florida Corporation, Respondent.

Supreme Court of Florida.

May 3, 1972.

Attorney(s) appearing for the Case

Edward McCarthy, Jr. of Freeman, Richardson, Watson, Slade & McCarthy, Jacksonville, for petitioner.

Tobias Simon, Miami, for respondent.

CARLTON, Justice:

Certiorari was granted in this cause on account of conflict between the decision rendered below by the District Court of Appeal, Fourth District, reported at 250 So.2d 349 (1971), and language employed by this Court in State ex rel. Teague v. Harrison, 138 Fla. 874, 190 So. 483 (1939).

In Teague, we said that an election to sue on a note at law acted as a bar to any subsequent suit for foreclosure...

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