BERNDT v. BIEBERSTEIN

No. 84-713.

465 So.2d 1264 (1985)

Ernst BERNDT and Emy Berndt, Appellants, v. Harry BIEBERSTEIN and Hypocorp-Commerce, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 25, 1985.


Attorney(s) appearing for the Case

Earnest W. Dean, Jr. of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

Tara L. Miller, Naples, for appellees.


SCHEB, Acting Chief Judge.

Ernst and Emy Berndt appeal a final judgment finding them liable for breach of contract and awarding Harry Bieberstein $57,916.04 plus interest as liquidated damages under a contract to purchase a condominium unit. We affirm the final judgment finding in favor of Bieberstein but reverse the amount of damages awarded, because we find the amount of liquidated damages to be unconscionable.

On November 29, 1978, the Berndts signed an...

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