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KENDALL EAST ESTATES, INC. v. BANKS

No. 79-2266.

386 So.2d 1245 (1980)

KENDALL EAST ESTATES, INC., Appellant, v. David P. BANKS and Joan S. Banks, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 4, 1980.

Attorney(s) appearing for the Case

Krongold & Bass and Paul H. Bass, Coral Gables, for appellant.

Krause, Reinhard & Linden and Frank H. Tamen, Miami, for appellees.

Before BARKDULL, SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

On July 20, 1978, Kendall East Estates, Inc. and Mr. and Mrs. Banks entered into a "deposit receipt contract" for the sale and purchase, respectively, of a newly constructed residence in Dade County. The contract contained a clause which provided that "[i]f either party is required to retain an attorney in order to enforce any right hereunder or to assure compliance herewith by the other, the prevailing party in any such litigation shall be entitled...

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