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TUMULTY v. SEVERDIJA

No. 69-593.

233 So.2d 837 (1970)

Richard J. TUMULTY, Appellant, v. Nikola SEVERDIJA and Sylvia Severdija, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

March 31, 1970.

Attorney(s) appearing for the Case

Hudson, McNutt, Campbell & McNutt, and Richard C. Carter, Jr., Miami, for appellant.

Alfred Gustinger, Bolles, Goodwin, Ryskamp & Ware, Miami, for appellees.

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

PEARSON, Chief Judge.

The appellant, Richard J. Tumulty, was the defendant in an action brought by Nikola Severdija and Sylvia Severdija. The Severdijas sought specific performance of a deposit receipt contract for the sale of a residence, title to which was in the name of Richard J. Tumulty. The judgment ordered a sale upon terms not found in the deposit receipt contract. We reverse.

The deposit receipt contract which was attached to the complaint was handwritten...

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