SHAKESHOBER v. FLORIDA RESORT DEV. CORP.

No. 85-1808.

492 So.2d 816 (1986)

John P. SHAKESHOBER, Appellant, v. FLORIDA RESORT DEVELOPMENT CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 9, 1986.


Attorney(s) appearing for the Case

John P. Wilkes of O'Neal, Booth & Wilkes, Fort Lauderdale, for appellant.

John M. Ross, Fort Lauderdale, for appellee.


STONE, Judge.

The plaintiff-purchaser of a time share unit appeals the measure of damages for breach of contract applied in the final judgment. The developer-vendor was unable to deliver the unit for the time period specified in the contract as it had been erroneously resold. The trial court found, as a fact, that the defendant's inability to close was negligent and was not the result of bad faith.

The measure of general damages in this state, in an action...

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