BLACK v. CLIFTON

No. 73-106.

284 So.2d 465 (1973)

James H. BLACK and Patricia Ann Black, His Wife, Appellants, v. Robert B. CLIFTON and Phyllis K. Clifton, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

November 2, 1973.


Attorney(s) appearing for the Case

Charles M. Rieders, of Vocelle, Harris & Rieders, Merritt Island, for appellants.

John Minot, of Shepard, Shepard & Minot, Cocoa, for appellees.


WALDEN, Judge.

This is a specific performance problem. It arose out of a written contract to sell real estate. The problem-causing provision found therein was "Seller convenants and warrants, (1) that there is ingress and egress to said property over public roads; ..."

It developed that the defendants-sellers did not own and could not deliver such public road access and same was available, at best, only by private easement. Regardless, with this back drop...

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