JAMES v. CLARY

No. J-123.

204 So.2d 350 (1967)

Loretta JAMES, Appellant, v. Charles W. CLARY and Joel B. Searcy, Appellees.

District Court of Appeal of Florida. First District.

November 30, 1967.


Attorney(s) appearing for the Case

Walter Smith, of Smith & Tolton, Fort Walton Beach, and Robert D. Canada, of Hall, Hartwell, Hall & Canada, Tallahassee, for appellant.

James E. Hertz, of Fisher & Hepner, Pensacola, for appellees.


WIGGINTON, Chief Judge.

Defendant has appealed a final decree requiring her to transfer to plaintiffs a Series 7 COP alcoholic beverage license purchased by her pursuant to the terms of a written agreement. Defendant contends that the decree appealed is erroneous as a matter of law in that it imposes upon her an unconscionable forfeiture which is unwarranted under the evidence adduced at the trial, which forfeiture plaintiffs are estopped from asserting.

The...

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