SIMMONS v. PRUDENTIAL CONSTR., INC.

No. 87-3574.

533 So.2d 808 (1988)

Ransom SIMMONS a/k/a Ransom I. Simmons, Appellant/Cross-Appellee, v. PRUDENTIAL CONSTRUCTION, INC., a Florida Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 3, 1988.


Attorney(s) appearing for the Case

Charles J. Cheves of Cheves & Rapkin, Venice, for appellant/cross-appellee.

Edwin L. Ford of Dart, Ford, Strelec & Spivey, P.A., Sarasota, for appellee/cross-appellant.


PER CURIAM.

We reverse the final judgment holding defendant liable for the anticipatory breach of a contract for the construction of his residence.

The contract was contingent upon defendant obtaining a mortgage loan commitment. After two banks had rejected defendant's loan application, the First National Bank of Venice issued what appeared to be the requisite commitment. However, we conclude that the commitment was not enforceable because the evidence established...

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