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ALEXANDER MUSS AND SONS, INC. v. NELSON

No. 78-561.

366 So.2d 532 (1979)

ALEXANDER MUSS AND SONS, INC., etc., Appellant, v. Theodore R. NELSON et al., Appellees.

District Court of Appeal of Florida, Third District.

January 23, 1979.

Attorney(s) appearing for the Case

Shafmaster & Katz and Harold A. Lassman and Marc L. Faust, Miami, for appellant.

Hersh & Bernstein and Brian R. Hersh, Miami, for appellees.

Before PEARSON, HUBBART and SCHWARTZ, JJ.

PER CURIAM.

The plaintiff landlord sued for the rent on an apartment for the balance of the term after the death of the tenants. The personal representative proved a settlement agreement entered into prior to the institution of this suit. Although the existence of the settlement was controverted, the court found that the settlement was, in fact, made and that it acted as a novation of the contract. The final judgment for the plaintiff was for the amount specified...

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