601 West 26 Corp. v. Equity Capital Co.

I concur in the holding of the majority that the decree should be affirmed except in the respect in which it is found necessary that it be modified, and I concur in the modification to allow the defendant-appellants their costs incurred on prior successful appeals ($294.25). But I dissent from the decision of the majority not to further modify the present decree to eliminate a credit allowed by the chancellor to the plaintiff-appellee of $15,293.69 for repairs in addition to the credit of $15,831 which he allowed for the “necessary repairs.”

On the prior appeal (178 So.2d 894) in which…