Opinion
June 13, 1952.
Appeal from Circuit Court, Dade County; Grady L. Crawford, Judge.
J.B. Spence and Nichols, Gaither Green, Miami, for appellant.
Williams, Solomon Katz, Miami, and Earnest, Lewis, Smith Jones, West Palm Beach, for appellees.
The judgment of the lower court is affirmed as to the first count of the amended complaint and reversed as to the second count thereof, which the Court holds does not wholly fail to state a cause of action. See Common Law Rule 9(g), 30 F.S.A. as to pleading alternatively.
SEBRING, C.J., and TERRELL, CHAPMAN, THOMAS, HOBSON and MATHEWS, JJ., concur.
ROBERTS, J., not participating.