BOSWELL v. DICKINSON

No. U-138.

300 So.2d 61 (1974)

Harry E. BOSWELL and Jewell Boswell, His Wife, Appellants, v. Edwin DICKINSON and Margaret Dickinson, His Wife, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 27, 1974.


Attorney(s) appearing for the Case

David A. Monaco, of Raymond, Wilson, Karl, Conway & Barr, Daytona Beach, for appellants.

Richard S. Graham, of Landis, Graham, French, Husfeld, Sherman & Ford, Daytona Beach, for appellees.


BOYER, Judge.

This appeal is taken from a final judgment wherein the trial judge denied specific performance of a contract for the sale and purchase of real estate, holding that the parties had, by their actions, evinced a mutual design or intent that the contract be abandoned or rescinded.

We reverse.

On or about October 16, 1971 the plaintiffs below (appellants here) entered into a written contract to purchase certain property owned by the defendants...

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