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HILSENROTH v. KESSLER

No. 82-983.

446 So.2d 147 (1983)

Henry HILSENROTH, Appellant, v. Alfred KESSLER, Individually, Robert J. Dominix, Richard Kessler, As Personal Representative of the Estate of Sydney Kessler, and Benjamin Budowsky, Appellees.

District Court of Appeal of Florida, Third District.

As Modified on Denial of Rehearing March 26, 1984.

Attorney(s) appearing for the Case

Lapidus & Stettin and Herbert Stettin, Miami, for appellant.

Ress, Gomez, Rosenberg & Howland and Sheldon Rosenberg, James A. Horland, Robey & Pelstring and R. James Pelstring, Miami, for appellees.

Before HENDRY, NESBITT and BASKIN, JJ.

NESBITT, Judge.

In September, 1972, Hilsenroth contracted to purchase land from Alfred Kessler as trustee for himself, Budowsky, Dominix, and Sydney Kessler, now deceased. The express purpose was to build apartment houses. The contract allowed Hilsenroth to rescind before closing if the property was subject to a moratorium on the issuance of building permits. Thereafter, on December 1, 1972, the Dade County Pollution Control Department issued a moratorium on building...

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