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GENERAL GMC TRUCK SALES AND SERVICE, INC. v. SIMM

No. 82-904.

430 So.2d 998 (1983)

GENERAL GMC TRUCK SALES AND SERVICE, INC., Appellant, v. J.D. SIMM and Rosemary Simm D/B/a Simm-Lines, Appellees.

District Court of Appeal of Florida, Fourth District.

May 11, 1983.

Attorney(s) appearing for the Case

Charles A. Nugent, Jr. of Cone, Wagner, Nugent, Johnson, Hazouri & Roth, P.A., West Palm Beach, for appellant.

Richard A. Henry of Sims & Henry, West Palm Beach, for appellees.

GLICKSTEIN, Judge.

This is an appeal from a final judgment on the pleadings entered in favor of a buyer against the seller of a specially modified truck. We reverse and remand.

The seller's amended complaint alleged that the parties entered into an oral agreement for the sale and purchase of the truck at a price of $27,754.72; that the buyer simultaneously delivered to the seller its deposit of $1,100; that within two months, the truck had been modified and...

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