BELK v. OEHLERT

No. 75-126.

324 So.2d 668 (1975)

Ronald BELK, Appellant, v. Benjamin H. OEHLERT et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 28, 1976.


Attorney(s) appearing for the Case

Sylvan Burdick and Joel T. Daves, III, of Burdick & Daves, West Palm Beach, for appellant.

Stephen A. Rapp of Gunster, Yoakley, Criser, Stewart & Hersey, Palm Beach, for appellees Benjamin and Alice Oehlert.

Frederick E. Hollingsworth of Sales & Christiansen, Palm Beach, for appellee Earl A. Hollis, Inc.


WALDEN, Chief Judge.

Plaintiff and his wife contracted to sell their home to defendant and his then wife. A Deposit Receipt and Contract for Sale and Purchase was signed by the parties, and a $38,000 deposit was made by buyer. Buyer failed to perform. Seller brought suit against buyer and the broker to recover the deposit as damages for breach. A clause in the Deposit Receipt Contract provided that seller should retain the deposit if buyer breached.

The broker...

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