KNEALE v. JAY BEN INC.

No. 88-642.

527 So.2d 917 (1988)

Judith D. KNEALE, Petitioner, v. JAY BEN INC., D/B/a Modernage Furniture, Inc., Respondent.

District Court of Appeal of Florida, Third District.

June 28, 1988.


Attorney(s) appearing for the Case

Malcolm Lewis Kneale, Miami, for petitioner.

Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel and Steven M. Goldsmith and Raquel A. Rodriguez, Miami, for respondent.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

Ms. Kneale bought two chairs from Modernage Furniture which were on sale for $97.50 apiece. Because the store had oversold that particular chair, it failed to deliver the items to Ms. Kneale, although she had paid the full purchase price in cash. In the county court, where Ms. Kneale sued for the admitted breach of contract, the parties stipulated that the market price of the chairs was $147.57 each, or $50.07 more than the sales price. Nonetheless...

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