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Tumulty v. Severdija

233 So. 2d 837, 1970 Fla. App. LEXIS 6727
District Court of Appeal of Florida·Decided March 31, 1970·No. No. 69-593·Published·Cited by 2 cases

Opinion

PEARSON, Chief Judge.

The appellant, Richard J. Tumulty, was the defendant in an action brought by Nikola Severdija and Sylvia Severdija. The Severdijas sought specific performance of a deposit receipt contract for the sale of a residence, title to which was in the name of Richard J. Tumulty. The judgment ordered a sale upon terms not found in the deposit receipt contract. We reverse.

The deposit receipt contract which was attached to the complaint was handwritten with mark-overs and changes in the handwriting of the real estate agent. The proposed contract was mailed to the appellant, who was out of the state, and returned by him to the real estate agent. It is not clear from the testimony when the changes in the terms of the proposed sale were made by the agent. A portion of the deposit receipt attached to the complaint is reproduced below:

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Tumulty v. Severdija, 233 So. 2d 837, 1970 Fla. App. LEXIS 6727 (Fla. Ct. App. 1970).

233 So. 2d 837 (Tumulty v. Severdija) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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