HOOPER v. BRENEMAN

No. 81-1186.

417 So.2d 315 (1982)

James W. HOOPER and Gertrude K. Hooper, Individually and D/B/a James W. Hooper & Gertrude K. Hooper Partnership, and James A. Hooper, Managing Trustee, Appellants/Cross-Appellees, v. William E. BRENEMAN, Jr., Clarence Jones, Hugh Mockler, Fred Leiser, William Barnett, Helen Chandler and Marie Gillen, Individually, and As General Partnership, d/b/a Brevard Weiner Franchise # 4, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

July 28, 1982.


Attorney(s) appearing for the Case

Charles Holcomb of Holcomb, Theriac & Steinberg, Merritt Island, for appellants.

Joseph S. Gillin, Jr. of Storms, Krasny, Normile, Dettmer & Gillin, P.A., Melbourne, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

Appellants appeal from a final judgment whereby appellees were permitted to recover $20,000 which they had deposited with appellants as part of a land sales contract.

Appellee Breneman on behalf of himself and the other appellees had filed suit against appellants seeking specific performance of the contract or, in the alternative, damages for the alleged breach of their agreement to sell. Appellees cross appeal the portion of...

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