MOORE v. CONTROL ESCROW PAYMENT COMPANY

No. 70-432.

244 So.2d 491 (1971)

James E. MOORE, Jr., and Sally H. Moore, Appellants, v. CONTROL ESCROW PAYMENT COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 9, 1971.


Attorney(s) appearing for the Case

Carl V. Wisner, Jr., and Robert C. Scott, Fort Lauderdale, for appellants.

Thomas F. Tompkins, Jr., of Kelley & Tompkins, Fort Lauderdale, for appellee.


SACK, MARTIN, Associate Judge.

Appellants, plaintiffs in the court below, appeal from an adverse final summary judgment.

The basic facts underlying the litigation are that prior to May 5, 1966, appellants held three notes aggregating the sum of $80,544.87, secured by mortgages on properties located in Highlands County, Florida. The title was held by one Frank W. Souder, Jr., who had a commitment for a construction loan of $1,100,000.00 from an institutional...

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