COX v. HAMMOND AND COMPANY, INC.

Nos. 89-0236, 89-1390.

566 So.2d 936 (1990)

George F. COX and Phyllis Cox, Appellants/Cross-Appellants, v. HAMMOND AND COMPANY, INC., a Florida Corporation, Appellee/Cross-Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 15, 1990.


Attorney(s) appearing for the Case

Patrick M. O'Hara of Patrick M. O'Hara, P.A., and Robert A. D'Angio, Jr. of Brackett, Cook, Sned, Welch, Hewitt, D'Angio & Tucker, P.A., West Palm Beach, for appellants/cross-appellants.

Barbara J. Compiani and Larry Klein of Klein & Walsh, P.A., West Palm Beach, for appellee/cross-appellee.


STONE, Judge.

The sellers under a deposit receipt contract appeal from a judgment entered in favor of their broker following a buyer's breach. The judgment was entered, in paragraph one, against the sellers individually, and, in paragraph two, for the broker's interest in the deposit against the holder of the deposit money.

We reverse that portion of the judgment entered personally against the sellers in the absence of any evidence of the buyer's ability,...

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