ROSS v. HACKER

No. 73-547.

284 So.2d 399 (1973)

Gerald ROSS and Anna Mae Ross, Appellants, v. Michael S. HACKER, As Assignee of A. Barry Kon, Appellee.

District Court of Appeal of Florida, Third District.

October 16, 1973.


Attorney(s) appearing for the Case

Caidin, Rothenberg, Kogan & Kornblum, Miami, for appellants.

Hacker & Phelps, Miami, for appellee.

Before PEARSON and CHARLES CARROLL and HENDRY, JJ.


PEARSON, Judge.

The appellants successfully defended an action brought by the appellee for specific performance of a contract to sell real property. The appellee claimed the right to purchase the property through an assignment of the contract. The contract provided for costs and attorney's fees as follows: "In connection with any litigation arising out of the contract, the prevailing party shall be entited [sic] to recover all costs incurred, including reasonable...

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