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TON-WILL ENTERPRISES, INC. v. T & J LOSURDO, INC.

No. 82-2660.

440 So.2d 621 (1983)

TON-WILL ENTERPRISES, INC., Robert H. Klein, and Kay J. Klein, Appellants, v. T & J LOSURDO, INC., Vito Losurdo, and Ann Losurdo, Appellees.

District Court of Appeal of Florida, Second District.

November 16, 1983.

Attorney(s) appearing for the Case

Gary R. Preston of Richards, Nodine, Gilkey, Fite, Meyer & Thompson, P.A., Clearwater, for appellants.

Douglas N. Menchise, Clearwater, for appellees.

OTT, Chief Judge.

Appellants purchased an ongoing business known as the "Liquor Lodge" from appellees in January, 1982. The contract required periodic installment payments. The first $25,000 installment payment, due April 15, 1982, was not made. Thereupon, appellees filed a complaint in circuit court, seeking to foreclose the contract for deed, conditional bill of sale, and second mortgage. Appellants answered, claiming as affirmative defenses that the agreement was...

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