Tumulty v. Severdija

233 So. 2d 837, 1970 Fla. App. LEXIS 6727
CourtDistrict Court of Appeal of Florida
DecidedMarch 31, 1970
DocketNo. 69-593
StatusPublished
Cited by2 cases

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

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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Related

Craft v. French Quarter of the Palm Beaches, Inc.
49 Fla. Supp. 8 (Palm Beach County Circuit Court, 1979)
Straub v. Clark
244 So. 2d 763 (District Court of Appeal of Florida, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
233 So. 2d 837, 1970 Fla. App. LEXIS 6727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tumulty-v-severdija-fladistctapp-1970.