LEONE v. PUTNAM

No. 72-1295. Summary Calendar.

466 F.2d 512 (1972)

Alfred LEONE, Plaintiff-Appellant, v. David PUTNAM, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 23, 1972.


Attorney(s) appearing for the Case

Murray B. Weil, Jr., Miami Beach, Fla., for plaintiff-appellant.

Gerald S. James, Fort Pierce, Fla., for defendant-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


PER CURIAM:

We affirm the holding of the district court that it could not grant specific performance of a contract for the sale of corporate stock which was held by husband and wife in an estate by the entireties, when only the husband signed the contract to sell.

Under Florida law, when stock is held in the joint names of both spouses, even if purchased with the husband's own funds, an estate by the entireties is created unless there is an expressed intention...

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