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MOORE v. OVERSTREET

No. 29569.

435 F.2d 126 (1970)

William F. MOORE, Plaintiff-Appellee, v. M. M. OVERSTREET and Jeanette Overstreet, his wife, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 25, 1970.

Attorney(s) appearing for the Case

Edwin C. Cluster, Greene, Ayres, Swigert, Cluster & Tucker, Ocala, Fla., for defendants-appellants.

Ned F. Sinder, E. Randolph Bentley, Bentley, Miller, Sinder & Ellsworth, Lakeland, Fla., for plaintiff-appellee.

Before TUTTLE, DYER and SIMPSON, Circuit Judges.

PER CURIAM:

This is an appeal by the Overstreets, defendants below, from a judgment notwithstanding the verdict in favor of Moore. We affirm.

Moore brought suit for damages in the amount of $50,000, the amount which Moore as purchaser had deposited with the Overstreets as Seller under a contract for the purchase of 1,500 acres of land, more or less, in Osceola County, Florida. The contract was for marketable title, subject to mineral rights outstanding "not...

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