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CAPITAL BANK v. G & J INVESTMENTS CORP.

No. 83-3038.

468 So.2d 534 (1985)

CAPITAL BANK, Appellant/Cross Appellee, v. G & J INVESTMENTS CORPORATION, a Florida Corporation, Appellee/Cross Appellant.

District Court of Appeal of Florida, Third District.

May 14, 1985.

Attorney(s) appearing for the Case

Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel and David M. Wells, Miami, for appellant/cross appellee.

R. Stuart Huff, Coral Gables, for appellee/cross appellant.

Before NESBITT, BASKIN and FERGUSON, JJ.

FERGUSON, Judge.

Plaintiff, G & J Investments Corp. [G & J], commenced this action against Capital Bank on a complaint for conversion and breach of an oral contract. This appeal is brought from a judgment entered for plaintiff on a $35,600 jury verdict, plus interest and costs.

We agree with G & J that the facts essentially made for a jury question on the count alleging breach of contract. The critical factual question is whether the bank accepted...

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