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SUNCOAST BUILDING OF ST. PETERSBURG v. RUSSELL

No. 438.

105 So.2d 809 (1958)

SUNCOAST BUILDING OF ST. PETERSBURG, Inc., Appellant, v. David H. RUSSELL and Frances Russell, his wife, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied November 4, 1958.

Attorney(s) appearing for the Case

Fisher & Sauls, St. Petersburg, for appellant.

Ed W. Harris, William E. Allison, Victor Wehle, St. Petersburg, for appellees.

SHANNON, Judge.

The subject of this appeal is a summary judgment granted to the defendant-appellees. The plaintiff below was assignee of a contract for the sale of real estate entered into by David H. Russell and Frances Russell, his wife, as sellers, and in which a deposit of $10,000 was made.

In the contract of sale there was the following provision:

"The aforesaid property was purchased by the Sellers at a foreclosure sale to which foreclosure...

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