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RUSTBROOK-S.C.B. v. SAUERMANN

No. 84-63.

460 So.2d 386 (1984)

RUSTBROOK — S.C.B. (U.S.), INC., A Florida Corporation, Appellant, v. Walter SAUERMANN, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 19, 1984.

Attorney(s) appearing for the Case

Guion T. DeLoach, Naples, for appellant.

Harold S. Smith, II, of Vega, Brown, Nichols, Stanley & Martin, P.A., Naples, for appellee.

LEHAN, Judge.

A condominium developer has appealed a judgment for the buyer of a condominium unit in a lawsuit by the buyer for the refund of his deposit money. We reverse.

On July 22, 1981, Walter Sauermann signed two contracts to purchase two condominium units in a project being developed by Rustbrook-S.C.B. (U.S.), Inc. Sauermann made a $56,400 down payment on the two units.

Two days after the contracts were signed, Rustbrook submitted to the Department...

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