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87TH MIAMI SHORE CORP. v. COMMONWEALTH LAND T. I. CO.

No. 73-718.

289 So.2d 440 (1974)

87TH MIAMI SHORE CORPORATION, Appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY et al., Appellees.

District Court of Appeal of Florida, Third District.

February 12, 1974.

Attorney(s) appearing for the Case

Byrd V. Duke, Jr., North Miami, for appellant.

Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, and Michael J. Cappucio, Malspeis, Lococo, Brown & Schwartz, North Miami, for appellees.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This is an appeal and a cross-appeal from a final judgment of $5,000 in favor of the plaintiff-seller for breach of a deposit receipt contract by the defendants.

Trial of this cause was held non-jury. The evidence demonstrated that on February 9, 1970 the plaintiff and defendants, Michael Codella and Arlene Doll Homes, Inc., entered into a deposit receipt agreement. Plaintiff agreed to sell a leasehold interest in certain real property to the defendants...

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