Mortgage Servicing Co. v. Cassady

PHILLIP GOLDMAN, Circuit Judge.

Final decree: These two actions arise out of the same transactions and were, by agreement of the parties, consolidated for trial. The parties further stipulated and agreed that the court should resolve all issues made by the pleadings and actually tried by the parties; that is, the Cassadys, Mortgage Servicing Company of Florida, Coral-Glade Company and Jean Zide, doing business as Dade County Realty.1

The corporate parties seek in the alternative specific performance (and collateral relief incident thereto) of a certain deposit receipt contract entered into by…