Lambert v. Henry & Brannon Eubanks, Inc.

MERRILL, Justice.

This appeal was taken from a final decree denying to complainant the relief sought in his bill of complaint, and from a decree denying complainant’s motion for a rehearing.

An order denying a motion for rehearing in equity which does not modify the final decree will not support an appeal. Equity Rule 62; Slaton v. Slaton, ante, p. 212, 147 So.2d 827. Therefore, we consider only the appeal from the final decree.

Appellant’s bill sought a declaratory judgment, an injunction and damages for breach of an alleged oral contract in which appellant contends that appellees leased a soil…