CHARLES CREIGHTON, APPELLANT,
v.
C.J. BRANNAN, JR., AND DON SCHAAF, INDIVIDUALLY, AND D/B/A GIBRALTAR OIL & GAS COMPANY, APPELLEES; C.J. BRANNAN, JR., APPELLANT, V. CHARLES CREIGHTON AND CLIFFORD W. TRICE, ET AL., APPELLEES; C.J. BRANNAN, JR., AND DON SCHAAF, APPELLANTS, V. CHARLES CREIGHTON AND CLIFFORD W. TRICE, ET AL., APPELLEES

Fla. 4th DCA | 1983-10-19
Nos. 82-2504, 83-63 and 83-287
GLICKSTEIN and HURLEY, JJ., concur., WALDEN, J., dissents, with opinion.
439 So. 2d 342 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

GLICKSTEIN and HURLEY, JJ., concur.

WALDEN, J., dissents, with opinion.

Dissent
WALDEN, Judge,

WALDEN, Judge,

dissenting.

In my opinion there was an ambiguity as concerns the written contract. Thus, parole testimony should have been allowed to explain the intent of the parties. I would reverse upon authority of Royal American Rlty. v. Bank of Palm Beach & Tr. Co., 215 So. 2d 336 (Fla. 4th DCA 1968) and Friedman v. Virginia Metal Products Corp., 56 So. 2d 515 (Fla.1952).


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