AMERICAN SOMAX VENTURES v. TOUMA

No. 88-1479.

547 So.2d 1266 (1989)

AMERICAN SOMAX VENTURES, F/K/a Windward Isle, a Florida General Partnership, Appellant, v. Theodore R. TOUMA and Lena J. Touma, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

August 23, 1989.


Attorney(s) appearing for the Case

Richard P. Zaretsky of Richard P. Zaretsky, P.A., and Robert E. Oglesby of Robert E. Oglesby, P.A., West Palm Beach, for appellant.

Susan M. Seigle of Gay, Ramsey & Lewis, P.A., West Palm Beach, for appellees.


WARNER, Judge.

Appellant, a home builder, complains that the trial court erred in entering judgment for return of appellees' homebuyer's deposit, finding that it had materially breached a purchase and sale agreement between itself and appellees.

On February 19, 1986, the parties entered into a contract whereby appellees agreed to purchase a lot and single-family home to be constructed by appellant. Appellees paid initial deposits totalling $14,800. The contract...

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