Florida District Courts of Appeal, 1969

Hibben v. City of Fort Lauderdale

Hibben v. City of Fort Lauderdale
Florida District Courts of Appeal · Decided May 14, 1969 · Cross, Owen, Reed
222 So. 2d 245; 1969 Fla. App. LEXIS 5790 (Southern Reporter, Second Series)

Hibben v. City of Fort Lauderdale

Opinion of the Court

PER CURIAM.

In our opinion the trial court correctly concluded that under the facts alleged in the amended complaint, the contract upon which the plaintiff sought to recover was within the statute of frauds, Section 725.01, F.S.1967, F.S.A. We affirm the judgment appealed from on the authority of Tanenbaum v. Biscayne Osteopathic Hospital, Inc., Fla.1963, 190 So.2d 777; Manas v. Southern Diversified Industries, Inc., Fla.App.1967, 193 So.2d 480; Swisher v. Conrad, 1919, 76 Fla. 644, 80 So. 564; Yates v. Ball, 1937, 132 Fla. 132, 181 So. 341; and Jenkins v. King, 1946, 224 Ind. 164, 65 N.E.2d 121, 163 A.L.R. 397.

Affirmed.

CROSS, REED and OWEN, TJ-, concur.

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