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ALVIS v. INVESTMENT I, INC.

No. 86-1500.

504 So.2d 508 (1987)

James H. ALVIS and Chester W. Slone, D/B/a All Line Construction, a Partnership, Appellants, v. INVESTMENT I, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1987.

Attorney(s) appearing for the Case

Robert W. Holman, of Hammond & Holman, Pinellas Park, for appellants.

Luis Prats and Terry A. Smiljanich, of Blasingame, Forizs & Smiljanich, St. Petersburg, for appellee.

DANAHY, Chief Judge.

When a sales contract provides that if a sale is not closed because of the fault of the buyer, the deposit paid under the contract is to be retained by the seller, the seller cannot recover a deposit not actually made. This court so held in Stewart v. Mehrlust, 409 So.2d 1085 (Fla. 2d DCA 1982). The trial judge in this action applied that rule in concluding that the appellants could not recover the amount...

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