Fenster Et Al. v. Makovsky Et Ux‪.‬

SEBRING, Justice. The appellants, who were the plaintiffs below, instituted a suit against the appellees for the partition of a certain apartment house property in Dade County, alleging in their complaint that each of the parties were tenants in common and owned an undivided one-fourth interest therein. The defendants filed a motion to dismiss the complaint on the ground that it failed to state a claim upon which relief could be granted. At the same time they filed an answer in which they denied that the parties were tenants in common and alleged that ""the plaintiffs and defendants owned the property * * * as partners under and by virtue of a certain partnership agreement entered into by and between the parties, a true copy of which is annexed to this answer * * *.""