TOOKE v. THOM

No. 72-923.

281 So.2d 34 (1973)

O.J. TOOKE, Appellant, v. Melvin A. THOM, and Orpet, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

July 25, 1973.


Attorney(s) appearing for the Case

John Turnbull of Wightman, Rowe, Weidemeyer, Jones & Turnbull, Clearwater, for appellant.

Harry S. Cline of McMullen, Everett, Logan, Marquardt & Cline, Clearwater, for appellees.


PER CURIAM.

Appellant, O.J. Tooke, appeals an order of the trial court dismissing counts two and three of his amended complaint. The effect of this ruling was to dismiss Orpet, Inc. as a party defendant to breach of contract action.

The amended complaint alleges on or about October 26, 1961, appellant entered into a written contract under seal with appellee Thom. In this contract regarding resale of a certain realty, it was agreed that appellant was instrumental...

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