FULTON v. R.K. COOPER CONSTRUCTION COMPANY

No. 67-103.

208 So.2d 863 (1967)

Alan D. FULTON, Appellant, v. R.K. COOPER CONSTRUCTION COMPANY, Appellee.

District Court of Appeal of Florida. Third District.

December 5, 1967.


Attorney(s) appearing for the Case

Guion T. DeLoach, Horton & Schwartz, Miami, for appellant.

Blackwell, Walker & Gray and Melvin T. Boyd, Miami, for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.


PEARSON, Judge.

The single question presented on this appeal is whether the price bid for property at a foreclosure sale, having been confirmed according to law, is the conclusive test of the value of the property in a subsequent action at law for the balance of the amount due on the note. This question is presented to us upon an appeal from a summary final judgment for the plaintiff. The defendant, appellant, urges that the amount confirmed at the foreclosure sale...

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