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EVENLINE CONST. v. MILLER'S PLANTATION

No. 76-1222.

349 So.2d 686 (1977)

EVENLINE CONSTRUCTION CORPORATION, Appellant, v. MILLER'S PLANTATION DEVELOPMENT COMPANY and Jimmie B. Gregory, As Executrix of John B. Gregory, Jr., Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 27, 1977.

Attorney(s) appearing for the Case

Barry A. Mandelkorn and Terence J. Russell of Ruden, Barnett, McClosky, Schuster & Schmerer, Fort Lauderdale, for appellant.

O. Edgar Williams, Jr. of Berryhill, Avery, Schwenke, Williams & Scott, P.A., Fort Lauderdale, for appellee-Miller's Plantation Development Co.

DAUKSCH, Judge.

This is an appeal from a Summary Final Judgment in a suit to specifically enforce a real property purchase and sale contract. Appellee is the seller and Appellant is the buyer.

The primary issue in this matter is a contract provision which provides:

"3. SELLER'S REPRESENTATIONS: ..... (h) At the time of settlement and passing of title, the premises shall be zoned by the City of Sunrise to a (sic) R-4 zoning classification...

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