Irving J. Moritt v. Harry L. Fine

TUTTLE, Circuit Judge.

This is an appeal from a judgment of the trial court dismissing appellant’s action for failure of the amended complaint to state a claim on which relief could be granted, the claim being of the right to the specific performance of an alleged contract to sell real estate.

The question for review is whether the amended complaint asserted a claim on which relief could be granted. The answer to this question turns upon the question whether the written document sued on by plaintiff was a valid written contract for the sale of land under the Florida Statute of Frauds, F.S.A. §…