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DuBREUIL v. JAMES

No. 77-1448.

365 So.2d 184 (1978)

George W. DuBREUIL, Appellant, v. James J. JAMES, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 3, 1979.

Attorney(s) appearing for the Case

A. John Goshgarian and Howard J. Hochman, Miami, for appellant.

Papy, DuVal, Poole & Usich and James S. Usich, Coral Gables, for appellee.

Before PEARSON and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The appellant, defendant in the trial court, appeals a judgment dismissing his counterclaim without leave to amend. Defendant was sued by the plaintiff-appellee for alleged fraud in a stock purchase agreement. Defendant attempted to set up a counterclaim in which he alleged that a promissory note he had previously paid to the plaintiff was made and paid under duress. The trial court dismissed the counterclaim...

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