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BRINKERHOFF v. LINKOUS

No. 87-1102.

528 So.2d 1318 (1988)

Ruth West BRINKERHOFF, Appellant, v. O.B. LINKOUS, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 4, 1988.

Attorney(s) appearing for the Case

F. Wesley Blankner, Jr. of Katz, Jaeger & Blankner, Orlando, for appellant.

Stephen R. Ponder, of Kinsey Vincent Pyle, P.A., Daytona Beach, for appellees, O.B. Linkous, and O.B. Linkous, Inc.

Paul E. Rice, Jr., of Rice and Rose, Daytona Beach, for appellees, Richard L. Winter, Gladys E. Winter, and Marc Angelo.

DANIEL, Judge.

Ruth Brinkerhoff appeals a summary final judgment in favor of real estate brokers O.B. Linkous and O.B. Linkous, Inc., in an action for breach of contract. We reverse.

The record reflects that in 1981, Mrs. Brinkerhoff purchased a motel in Daytona Beach. The contract for sale and purchase contained a special clause stating that the contract was contingent upon the building meeting all city codes.

In 1984, Mrs. Brinkerhoff filed suit...

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