PONCE DEVELOPMENT CO. v. ESPINO

No. 83-1146.

449 So.2d 317 (1984)

PONCE DEVELOPMENT COMPANY, Appellant, v. Luis A. ESPINO and Judith B. De Espino, Appellees.

District Court of Appeal of Florida, Third District.

Opinion Clarified and Rehearing Denied May 8, 1984.


Attorney(s) appearing for the Case

Steel, Hector, Davis, Burns & Middleton and L. Martin Reeder, Jr., Palm Beach, for appellant.

Schwartz & Nash and Dale A. Heckerling, Miami, for appellees.

Before BARKDULL, NESBITT and FERGUSON, JJ.


FERGUSON, Judge.

The dispositive issue is whether a "lack of mutuality" defect, present in the contract at its inception, was cured by the subsequent performance of the promisor.

On September 29, 1980, Ponce Development Company (appellant) and the Espinos (appellees) entered into a written contract whereby Ponce was to construct and convey to the Espinos a condominium unit for $89,800. Completion and delivery was required within thirty months. The Espinos...

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