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EMERY v. MILTON

No. 79-905.

378 So.2d 1300 (1979)

James D. EMERY et Ux., Appellants, v. Jose MILTON and Paragon Investment Corporation, a Florida Corporation, D/B/a Joseph Enterprises, a Partnership, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 6, 1980.

Attorney(s) appearing for the Case

Nelson & Nelson and Stephen H. Nelson, Hialeah, for appellants.

Williams, Salomon, Kanner, Damian, Weissler & Brooks and Gary S. Brooks, Miami, for appellees.

Before PEARSON and HUBBART, JJ., and CHAPPELL, BILL G., Associate Judge.

PER CURIAM.

The final judgment appealed from is affirmed upon a holding that (a) specific performance on this contract to convey real property did not lie for failure of the plaintiff purchasers to tender the purchase price as required by the contract, Robinson v. Abreu, 345 So.2d 404 (Fla.2d DCA 1977); 29A Fla.Jur. "Specific Performance" 757-758 (1967); and (b) the defendant sellers did not repudiate the contract so as to...

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