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PETERS v. SPIELVOGEL

No. 63-407.

163 So.2d 59 (1964)

Daniel PETERS and Louis Lazar, Appellants, v. Sam SPIELVOGEL and Shirley B. Spielvogel, his wife, Appellees.

District Court of Appeal of Florida. Third District.

April 21, 1964.

Attorney(s) appearing for the Case

George H. Henry, Miami, for appellants.

William Brody, Miami Beach, for appellees.

Before CARROLL, HORTON and HENDRY, JJ.

HENDRY, Judge.

Appellants were the vendors in a contract to sell a restaurant to appellees. The contract provided in pertinent part:

"* * * [I]f after reasonable diligence on his part said title shall not be made good and marketable within a reasonable time, the seller shall return the money this day paid and all monies that may have been paid to him under this contract * * *"

The vendees paid to the vendors' attorney, as escrow agent, $5,500 upon...

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