FOSTER v. JONES

No. 76-1566.

349 So.2d 795 (1977)

M.H. FOSTER and A.N. Britt, Trustees, Appellants, v. Clarence JONES and Mary Ellen Jones, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

September 7, 1977.


Attorney(s) appearing for the Case

John R. Newcomer, Jr., of Yado, Keel, Nelson, Casper, Bergmann & Newcomer, Tampa, for appellants.

David L. Anderson, New Port Richey, for appellees.


HOBSON, Acting Chief Judge.

In this test case we are called upon to decide the validity of a "land covenant fee" and whether such a payment is supported by adequate consideration.1 The trial court found no such consideration. We reverse and remand for further proceedings.

On December 12, 1969, William J. Morrison, as Trustee for the owner, Sadie Foster Trust, leased a tract of land to Florida Leisure Homes, Inc., which lease was...

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