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STEIN v. BROWN PROPERTIES

104 So.2d 495 (1958)

Jack C. STEIN and Trustees of the Internal Improvement Fund of the State of Florida, Appellants, v. BROWN PROPERTIES, Inc., a Florida corporation, Appellee.

Supreme Court of Florida.

Rehearing Denied July 28, 1958.

Extraordinary Petition for Rehearing and Recall of Mandate Denied September 12, 1958.

Attorney(s) appearing for the Case

Hall & Hedrick, Miami, for Jack C. Stein.

Richard W. Ervin, Atty. Gen., and Fred M. Burns and Charles Vocelle, Asst. Attys. Gen., for appellants.

Walsh, Simmonite, Budd & Walsh, Miami, and Copeland, Therrel & Baisden, Miami Beach, for appellee.

THOMAS, Justice.

This litigation originated as an action by the appellant, Jack C. Stein, against the appellee, Brown Properties, Inc., for specific performance of a contract to convey about 186.25 acres of land on Key Largo in Monroe County. It was stipulated in the agreement, designated "deposit receipt," that the appellee should receive the sum of $900 an acre, the total acreage to be determined by "a survey to be made."

The contract was executed 27 April...

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