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MAHLER v. ALLIED MARINE

No. 86-2986.

513 So.2d 677 (1987)

Russell MAHLER, Appellant, v. ALLIED MARINE, Leon P. Smith and Dwight Tracy, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 2, 1987.

Attorney(s) appearing for the Case

McCune, Hiaasen, Crum, Ferris & Gardner and Randall L. Leshin, Fort Lauderdale, for appellant.

Merrill & Pollack and Gary Pollack, North Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

SCHWARTZ, Chief Judge.

According to the clear and unambiguous terms of an August 3, 1983, agreement for the purchase, pending sea trial, survey and inspection, of a $460,000 yacht, the appellant Mahler stood to lose his $20,000 deposit if he did not transmit a "[w]ritten or telex acceptance or rejection on or before August 10, 1983."1 It is well-settled that, in a transaction like this, in which the prospective purchaser has the right...

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