LAPOLATO v. BAKER

No. 79-594.

407 So.2d 957 (1981)

Peter M. LAPOLATO, Trustee, Appellant, v. Ralph E. BAKER, Jr., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 19, 1982.


Attorney(s) appearing for the Case

Walter M. Meginniss of Crary, Buchanan & Meginniss, Stuart, for appellant.

Michael J. Ryan of Ryan, Ryan & Fitzgerald, North Palm Beach, for appellees.


MOORE, Judge.

The appellant, seller, appeals a final judgment awarding specific performance of a sales contract for a residential lot to appellees, buyers. We find that the buyers failed to prove a sufficient tender of the purchase price and reverse.

The seller and the buyers, acting on the advice of their respective attorneys who do not represent the parties on appeal, negotiated a deposit receipt contract which provided for a closing fifteen (15) days after...

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