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ARTHUR RUTENBERG CORP. v. PASIN

No. 4-86-1201.

506 So.2d 33 (1987)

ARTHUR RUTENBERG CORP., a Florida Corporation, Appellant/Cross Appellee, v. Mitchell C. PASIN and Audrey R. Pasin, His Wife, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 18, 1987.

Attorney(s) appearing for the Case

Brian F. Leary and David B. Van Kleeck of David B. Van Kleeck, P.A., Boca Raton, for appellant/cross appellee.

Robert Pasin, Coral Springs, for appellees/cross appellants.

STONE, Judge.

The parties executed a contract for the purchase and sale of real property. The contract required an initial $5,000 "non-refundable" deposit and an "additional" deposit of $31,968 to be paid twenty days later. The contract also provided that "all deposits shall be returned to the buyer ..." if the buyer did not obtain a mortgage. After a non-jury trial, judgment was entered in favor of the buyer for the return of the "additional" deposit, and for the...

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