GILLIS v. FISHER HARDWARE COMPANY

No. T-110.

289 So.2d 451 (1974)

Make GILLIS and Wife, Eula Gillis, Appellants, v. FISHER HARDWARE COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

February 12, 1974.


Attorney(s) appearing for the Case

Gerry W. Gerde, Davenport, Johnston, Harris & Gerde, Panama City, for appellants.

E. Allan Ramey, Andrews & Miller, De Funiak Springs, for appellee.


SPECTOR, Judge.

On August 5, 1969, appellants and appellee entered into an agreement whereby the latter sold appellants a "home improvement" package and secured payment thereof by a mortgage executed by appellants covering their residence. On May 20, 1971, appellee instituted a suit to foreclose the mortgage because appellants had failed to make the required payments.

Appellants answered asserting various defenses, among which was the appellee's failure to...

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