EVANS v. BORKOWSKI

No. D-1.

139 So.2d 472 (1962)

Carl S. EVANS and Audrey E. Evans, His Wife, Appellants, v. Felix BORKOWSKI, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied April 13, 1962.


Attorney(s) appearing for the Case

Dan R. Warren, Daytona Beach, for appellants.

Ossinsky & Krol, Daytona Beach, for appellee.


STURGIS, Judge.

Carl S. Evans and wife, the buyers, sued Felix Borkowski, the seller, to recover an alleged overpayment made under protest incident to their purchase of real and personal property, consisting of a motel and its furnishings. Summary final judgment was entered in favor of seller, hence this appeal.

The undisputed proofs reflect that on July 24, 1956, the parties entered into a written purchase and sale...

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