CITY OF TAMPA
v.
EUPHEMIA KELLIHER, ET AL.
CITY OF TAMPA
EUPHEMIA KELLIHER, ET AL.
115 Fla. 698
Florida Supreme Court (1934)
Positive Treatment
Also reported at: 155 So. 925
Cited by 2 cases
Opinion of the Court
This cause having been duly submitted, briefed and orally argued, and all the questions presented by the respective parties having been carefully considered, our conclusion is that the final decree appealed from is free from error and that it should be and the same is hereby affirmed. In reaching this conclusion, it was not found necessary to pass upon the constitutionality of Chapter 15,-536 of the Acts of 1931.
Affirmed.
Whitfield, P. J., and Brown and Buford, J. J., concur.
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SAC Constr. Co., Inc. v. Eagle Nat'l Bank OF Miami, 449 So. 2d 301 (Fla. 3d DCA 1984)…nt. The fact that the debtor released his claim against the creditor in exchange for the debtor’s discharge from liability may secure an advantage for this creditor over others, but it does not render the transaction fraudulent. See Smith v. Hunter, 115 Fla. 698, 155 So. 805 (1934). As a second point, PAR-CAP argues that the release of personal liability operated to divest the Bank of the right to seek foreclosure on the properties. It is axiomatic that a contract is to be construed in accordance with the…