WALTER L. DITFURTH, APPELLANT
v.
CORAL GABLES CORPORATION, A CORPORATION ORGANIZED AND DOING BUSINESS UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court reversed a lower court's decision to sustain demurrers to a bill of complaint. The case involved a suit for an accounting and rescission of a land sales contract.
The court held that the trial court erred in sustaining the demurrers. The order appealed from should be reversed.
“The amended bill of complaint in this case was in a suit for an accounting between the parties, for the rescission of a purchase and sales contract involving certain lands, and to require the defendant, the appellee here, to refund to the complainant, the appellant here, the amount found to have been paid by the complainant to the defendant under the contract.”
Describes the nature of the lawsuit filed by the appellant.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed an amended bill of complaint seeking an accounting, rescission of a land purchase contract, and a refund of payments made. The app…
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— The amended bill of complaint in this case was in a suit for an accounting between the parties, for the rescission of a purchase and sales contract involving certain lands, and to require the defendant, the appellee here, to refund to the complainant, the appellant here, the amount found to have been paid by the complainant to the defendant under the contract.
Special and general demurrers to the bill of complaint were sustained. The question presented here is like the controlling question presented in the ease of Homeseekers Realty Company, a corporation, vs. Mrs. D. C. Menear, filed June 9,1931, and under authority of the opinion and judgment in that case the order appealed from should be reversed. It is so ordered.
Reversed.
Buford, C.J., and Ellis and Brown, J.J., concur
Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.