DEPP v. RUNYAN

No. 84-2165.

468 So.2d 486 (1985)

William S. DEPP, Appellant, v. David H. RUNYAN and Moya P. Runyan, Husband and Wife, Appellees.

District Court of Appeal of Florida, Second District.

May 8, 1985.


Attorney(s) appearing for the Case

Jon H. Somsen of Whittemore & Campbell, P.A., St. Petersburg, for appellant.

Paul Castagliola of Riden, Watson & Goldstein, P.A., St. Petersburg, for appellees.


HALL, Judge.

This appeal questions the correctness of a summary final judgment rendered in favor of appellees, David H. Runyan and Moya P. Runyan, in a breach of contract action involving the purchase and sale of real property. The trial court awarded appellees money damages based on benefit of the bargain, instead of a return of the earnest money deposit as provided for in the contract. We reverse and remand.

Appellant and appellees entered into a deposit...

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