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VARNER v. B. L. LANIER FRUIT CO., INC.

No. 78-1439.

370 So.2d 61 (1979)

Paul C. VARNER, Appellant, v. B. L. LANIER FRUIT CO., INC., Appellee.

District Court of Appeal of Florida, Second District.

April 20, 1979.

Attorney(s) appearing for the Case

Harry E. King of King, Kaylor & Thornhill, P.A., Winter Haven, for appellant.

Kingswood Sprott, Jr. of Sprott & Groseclose, Lakeland, for appellee.

GRIMES, Chief Judge.

This appeal involves the enforceability of a liquidated damage clause.

According to the complaint, the parties entered into a written contract in which the grower agreed to sell and the buyer agreed to pick and buy all of the fruit of merchantable quality from the grower's grove on or before February 9, 1977. The agreement contemplated the sale of approximately 22,000 boxes and specified the price to be $1.25 per box. The contract contained...

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