PROSPERITY PROJECTS, INC. v. SANCTUARY BAY

No. 89-1713.

568 So.2d 933 (1990)

PROSPERITY PROJECTS, INC., Appellant, v. SANCTUARY BAY, a Florida General Partnership and Albert Guisfredi, As General Partner of Sanctuary Bay, a Florida General Partnership, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 14, 1990.


Attorney(s) appearing for the Case

John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, and Broad & Cassell, P.A., West Palm Beach, for appellant.

Gerald S. Lesher of Cooney, Ward, Lesher & Damon, and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellees.


PER CURIAM.

In this dispute over a contract for sale of real property, the trial court heard testimony concerning ambiguities in a warranty of zoning density in the contract. After hearing the evidence the trial court accepted the defendant's construction of the contract that the zoning warranty was fulfilled by zoning allowing 310 units, and that the warranty of 310 multifamily units was neither what was intended nor did...

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