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DAWSON v. MALLOY

No. 82-727.

428 So.2d 297 (1983)

Frederick Vaughn DAWSON, Appellant, v. John E. MALLOY and Susan A. Malloy, His Wife, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 6, 1983.

Attorney(s) appearing for the Case

Alan W. Kaback, Coral Springs, for appellant.

Robert S. Zippin of Michelson & Zippin, P.A., Fort Lauderdale, for appellees.

BERANEK, Judge.

This appeal concerns the interpretation of a purchase and sale agreement. One of the clauses of this agreement read:

In the event mortgagee does not permit the Buyer to assume the existing mortgage without a change in the interest rate, terms of payment or other material change, the Buyer at his option may cancel the Contract and all monies paid on the purchase price shall be refunded to him and...

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