AMERICAN EXPRESS COMPANY v. FREY

No. 85-620.

476 So.2d 330 (1985)

AMERICAN EXPRESS COMPANY, Appellant, v. Marshall C. FREY and Sachi Frey, n/k/a Sachi Wagner, Appellees.

District Court of Appeal of Florida, Third District.

October 29, 1985.


Attorney(s) appearing for the Case

Sidney L. Syna, Miami, for appellant.

du Fresne & Bradley and William du Fresne, Coconut Grove, Wallace, Engels & Pertnoy and Douglas Snyder, Miami, for appellees.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


PER CURIAM.

Contrary to appellees' assertion that American Express had failed to state a cause of action in its fourth amended complaint, we hold that sufficient ultimate facts are alleged which, if proved, establish a cause of action for an account stated and other relief claimed.

The trial court's order dismissing the complaint is, accordingly, reversed and this cause is remanded for further proceedings.

Reversed and remanded for further...

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