Cohn v. Lynch

District Court of Appeal of Florida

Cohn v. Lynch

507 So. 2d 798, 12 Fla. L. Weekly 1346, 1987 Fla. App. LEXIS 8368

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1987

DocketNo. 4-86-0859

StatusPublished

This text of 507 So. 2d 798 (Cohn v. Lynch) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohn v. Lynch, 507 So. 2d 798, 12 Fla. L. Weekly 1346, 1987 Fla. App. LEXIS 8368 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Reversed. We believe the trial court erred in failing to direct a verdict in favor of the appellants as to their alleged breach of contract by failing to appear at a closing allegedly scheduled by the appellees’ lender. While it is apparent that the appellants themselves were responsible for much of the confusion over when the transaction would be ready to close, there is no evidence that their actions constituted a breach of the contract or a refusal to com-píete the transaction. It is apparent from the record that the appellants were not legally obligated under the contract of purchase to close at the time allegedly demanded by the lender. Cf. Henry v. Ecker, 415 So.2d 137 (Fla. 5th DCA 1982), rev. denied, 429 So.2d 5 (Fla.1983).

ANSTEAD, WALDEN and STONE, JJ., concur.

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PER CURIAM.

Reversed. We believe the trial court erred in failing to direct a verdict in favor of the appellants as to their alleged breach of contract by failing to appear at a closing allegedly scheduled by the appellees’ lender. While it is apparent that the appellants themselves were responsible for much of the confusion over when the transaction would be ready to close, there is no evidence that their actions constituted a breach of the contract or a refusal to com-píete the transaction. It is apparent from the record that the appellants were not legally obligated under the contract of purchase to close at the time allegedly demanded by the lender. Cf. Henry v. Ecker, 415 So.2d 137 (Fla. 5th DCA 1982), rev. denied, 429 So.2d 5 (Fla.1983).

ANSTEAD, WALDEN and STONE, JJ., concur.

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Bluebook (online)

507 So. 2d 798, 12 Fla. L. Weekly 1346, 1987 Fla. App. LEXIS 8368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohn-v-lynch-fladistctapp-1987.

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