HOUSTON v. WHITWORTH

No. 83-105.

444 So.2d 1095 (1984)

Esther HOUSTON, Appellant, v. John I. WHITWORTH, Jim Graham and Jim Graham, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 29, 1984.


Attorney(s) appearing for the Case

Joel M. Weissman of Sales & Weissman, P.A., West Palm Beach, for appellant.

John P. Shevock of Gillespie, McCormick, McFall, Gilbert & McGee, Fort Lauderdale, for appellee Whitworth.


HERSEY, Judge.

The controversy culminating in this appeal arises from an agreement for the purchase and sale of real property. An action to rescind that agreement (and for other relief) brought by appellees resulted in a final judgment rescinding the agreement and requiring return to appellees of their earnest money deposit. From this judgment the prospective seller appeals.

The agreement contains a provision which is particularly relevant to subsequent operative...

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