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BALLAS v. SPOLYAR

No. 88-03089.

548 So.2d 1168 (1989)

Michael BALLAS, D/B/a Ballas Tree Farms, Appellant, v. James J. SPOLYAR, D/B/a Classic Christmas Tree Associates, Appellee.

District Court of Appeal of Florida, Second District.

September 8, 1989.

Attorney(s) appearing for the Case

Perry G. Gruman of Perry G. Gruman, P.A., Tampa, for appellant.

Raymond C. Conklin of Stolba, Englander & Shames, P.A., St. Petersburg, for appellee.

THREADGILL, Judge.

The trial court entered a final summary judgment against the appellant/buyer on his complaint for recision and damages for breach of contract arising out of the delivery of alleged inferior Christmas trees. The court also entered final summary judgment in favor of the appellee/seller on a counterclaim for the balance due under the contract. The trial court found that the appellant/buyer neither rejected...

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