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MARTUCCI v. GREEN KROLL CORP.

No. 85-549.

483 So.2d 789 (1986)

Vincent A. MARTUCCI, Appellant, v. GREEN KROLL CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Clarification Denied March 18, 1986.

Attorney(s) appearing for the Case

Bernard Berman of Bernard Berman, P.A., Fort Lauderdale, for appellant.

Dana C. Ferrell of Tworoger, Sader & Ferrell, P.A., Fort Lauderdale, for appellee.

OWEN, WILLIAM C., Jr., Associate Judge.

Appellant entered into a written contract to purchase a home from the appellee corporation. The contract was contingent upon appellant qualifying to assume the existing mortgage. When he failed to qualify, he asked for return of his deposit. Upon the appellee's refusal, he brought this suit for declaratory judgment. In the non-jury trial the sole issue was whether appellant had made a bona fide effort to qualify with...

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