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FRY v. J.E. JONES CONST. CO.

No. 89-2401.

567 So.2d 901 (1990)

Thomas J. FRY and Joanne Q. Fry, His Wife, Appellants, v. J.E. JONES CONSTRUCTION COMPANY, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

August 23, 1990.

Attorney(s) appearing for the Case

William N. Asma of Asma & Wright, Winter Garden, for appellants.

Kenneth R. Marchman of Hunter, Patillo, Marchman, Sanders & Bethea, P.A., Winter Park, for appellee.

PETERSON, Judge.

Thomas and Joanne Fry appeal a judgment denying their request for rescission of a contract to purchase a parcel of real estate and denying their claim for an equitable lien upon the parcel for the amount of their deposit. We reverse the judgment.

On October 21, 1987, the Frys entered into an agreement with, and paid a deposit of $10,292 to, J.E. Jones Construction Company doing business as the Jones Company for sale and purchase of the parcel...

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