No. 87-104.

528 So.2d 463 (1988)

Wayne H.L. ROHLFING, Appellant, v. TOMORROW REALTY & AUCTION CO., INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

July 7, 1988.

Attorney(s) appearing for the Case

Stephen M. Stone, Orlando, for appellant.

W.C. Hutchison, Jr., of Hutchison & Mamele, Sanford, for appellee Ernest Morris, Sr.

No appearance for appellee Tomorrow Realty and Auction Co., Inc.

COWART, Judge.

This case involves an auction sale of land, an action at law on a buyer's deposit check, and the defenses of (1) lack of mutuality of obligation and remedy, and (2) the statute of frauds.

By an "Auction Agreement," a seller (appellant Wayne H.L. Rohlfing) and an auctioneer (appellee Tomorrow Realty and Auction Company) contracted in writing for the auctioneer to sell the seller's land at public auction. After signing a pre-auction document known...

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