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BIERSBACH v. LANDIN, LTD.

No. 83-1840.

454 So.2d 779 (1984)

Thomas J. BIERSBACH and Sue H. Biersbach, His Wife, Appellants, v. LANDIN, LTD., a North Carolina Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

August 29, 1984.

Attorney(s) appearing for the Case

Christopher W. Boyden of Boyden & Laufer, North Palm Beach, for appellants.

Freeman W. Barner, Jr., of Cromwell & Remsen, Riviera Beach, for appellee.

DELL, Judge.

The buyers appeal from an adverse summary judgment in their action to recover the deposit they paid in a real estate transaction. We reverse and remand.

In March of 1981, appellants entered into a contract for the sale and purchase of a garden apartment. They paid a total deposit of $5,990. Appellee's form contract contained the following handwritten clause regarding financing:

12(g) Should...

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