Leonard Bursten v. Tom Sawyer, Inc., Formerly Sawyer Downtown, Inc.

JONES, Circuit Judge.

The appellee is a Wisconsin corporation. It brought suit in the District Court for the Southern District of Florida against the appellant, a resident of Florida, basing jurisdiction upon diversity of citizenship. In its complaint Sawyer claimed that it had agreed with the appellant, Bursten, to advance to him money for investment in Florida real estate under an oral contract providing that upon the sale of the property purchased, the corporation would be repaid the amount of its advances and one-half of the profits. Sawyer asserted that it made advances and with the funds…