BARTOLOMEO v. ALVAREZ

No. 81-2569.

421 So.2d 21 (1982)

Thomas BARTOLOMEO and Mamie Bartolomeo, Appellants, v. Juan ALVAREZ and Concepcion Alvarez, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 16, 1982.


Attorney(s) appearing for the Case

Brumer, Cohen, Logan & Kandell, Goodwin, Ryskamp, Welcher & Carrier and Kenneth L. Ryskamp, Miami, for appellants.

Manuel A. Crespo, Miami, for appellees.

Before HENDRY, SCHWARTZ and DANIEL S. PEARSON, JJ.


PER CURIAM.

The record supports the conclusion that the vendors waived the right to rely upon the "time is of the essence" provision of their real estate contract with the appellees. The judgment granting specific performance is therefore affirmed on the authority of Forbes v. Babel, 70 So.2d 371 (Fla. 1953). See also, Harrison v. Baker, 402 So.2d 1270

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