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CAIDIN v. POLEY

No. 74-767.

313 So.2d 88 (1975)

Stanley D. CAIDIN, Appellant, v. Fred POLEY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 16, 1975.

Attorney(s) appearing for the Case

Ivan Benjamin, North Miami Beach, and Stanley D. Caidin, Caidin, Rothenberg, Kogan & Kornblum, Miami, for appellant.

No appearance for appellee.

WALDEN, Judge.

This is a suit for money damages based upon a breach of contract. The defendant agreed by written contract to sell to the plaintiff a 25% interest in a certain trust agreement. It pertained to a condominium recreation and easement area. It was specifically provided in the contract, as follows:

"The seller, [Fred Poley], guarantees and warrants that he is the owner of an undivided twenty-five (25%) percent in said Trust Agreement; that he has...

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