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DILLARD HOMES, INC. v. CARROLL

No. 62-626.

152 So.2d 738 (1963)

DILLARD HOMES, INC., a Florida corporation, Appellant, v. Most Reverend Coleman F. CARROLL, Bishop of the Diocese of Miami, a corporation Sole, his Successors and Assigns in Office, and John J. O'Looney, Appellees.

District Court of Appeal of Florida. Third District.

May 7, 1963.

Attorney(s) appearing for the Case

Pallot, Marks, Lundeen, Poppell & Horwich, Miami, for appellant.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, and Aubrey V. Kendall, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and HORTON and HENDRY, JJ.

HENDRY, Judge.

Appellant-plaintiff appeals from an order dismissing a complaint for specific performance of an agreement relating to the sale and purchase of a certain parcel of land.

Plaintiff and defendant, O'Looney, executed a deposit receipt agreement whereby the plaintiff agreed to sell and the defendant agreed to purchase approximately 5 1/2 acres of land for the total price of $93,500. The deposit receipt...

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