Biscayne Boulevard Properties v. Graham

65 So.2d 858 (1953)

BISCAYNE BOULEVARD PROPERTIES, Inc. et al.

v.

GRAHAM.

Supreme Court of Florida, en Banc.

June 2, 1953.

Rehearing Denied July 16, 1953.

Sibley & Davis, Miami Beach, for appellants.

Kurtz, Reed, Sappenfield & Cooper, Miami, for appellee.

HOBSON, Justice.

We recognize the fact that this Court has laid down the general principle of law which counsel for appellants contend is applicable in the instant case. In Joiner v. McCullers, 158 Fla. 562, 28 So.2d 823, 824, we stated said principle in the following language:

"In Wheeler v. Baars, 33 Fla. 696, 15 So. 584, we held:

"`A false…