McBryde v. Lowe

I regret that I must dissent from the majority herein.

The appellant, Bolton McBryde, filed his complaint in the lower court to foreclose a chattel mortgage. He named as defendants therein S. S. Lowe, Jr., and wife; J. E. *897Lowe and wife; J. E. Price and wife; the Barnett National Bank of Jacksonville; and the Great Atlantic & Pacific Tea Co., Inc. The facts surrounding this action are quite involved, though the ultimate issue in the case, as this writer construes it, is clear.

Prior to March, 1961, one Carmen E. DeLoach, being the owner of the property involved herein, verbally agreed to sell…