Dory Auerbach Realty Co. v. Waser
| Decision Date | 13 June 1978 |
| Docket Number | No. 77-792,77-792 |
| Citation | 359 So.2d 902 |
| Parties | DORY AUERBACH REALTY COMPANY, a Florida Corporation, Al Evans and Edith Evans, Hidden Pines, Incorporated, a Florida Corporation, and Clara Auerbach, Appellants, v. Edward C. WASER and Lillian Waser, Appellees. |
| Court | Florida District Court of Appeals |
Levine, Reckson & Reed and Robert Geiger, Miami, for appellants.
Edward B. Johnson, Jr., Miami, for appellees.
Before HAVERFIELD, C. J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.
Plaintiffs appeal an adverse final judgment in this action for damages for alleged misrepresentation in their purchase of a mobile home park.
Defendant-appellees, Edward and Lillian Waser, owned the Sea Breeze Trailer Park which consisted of 101 usable lots, 29 of which were connected to a sewage treatment plant on the property. However, 16 of the 101 lots known as Pelican Point were connected to septic tanks. The Wasers listed the property for sale with Dory Auerbach Realty Company and Mr. Waser showed Mr. Auerbach, as broker, the property and gave him a plot plan which allegedly demonstrated that the 16 Pelican Point lots were connected to the sewage treatment plant. Subsequently, the plaintiffs, Dory Auerbach Realty, Al and Edith Evans, Hidden Pines, Inc. and Clara Auerbach executed a contract for the purchase of the park. An addendum to the contract provided that the Wasers place $5,000 in escrow to be used for the enlargement of the sewage treatment plant, this sum to be repaid by purchasers at $100 per month. The parties consummated the deal and thereafter plaintiff-purchasers discovered that the Pelican Point lots were on septic tanks and not connected to the treatment plant. Plaintiffs then filed the instant suit for the false and misleading representations with respect to the sewer line connections to these lots allegedly made by Waser orally and as shown in the plot plan given to Mr. Auerbach. The Wasers answered and counterclaimed for repayment of the $5,000 escrowed for the enlargement of the sewage treatment plant because of plaintiffs failure to make the monthly payments. The Wasers also counterclaimed for $449.18 wrongfully credited to plaintiffs at the time of closing. The cause proceeded to a nonjury trial at which the Wasers denied making any representations with respect to the sewer line connections and further alleged that the subject plot plan was obviously out of date, incomplete and was used only for the...
To continue reading
Request your trial
-
Kenny v. Ambulatory Centre of Miami, Fla., Inc.
...(Fla.1978); Shaw v. Shaw, 334 So.2d 13 (Fla.1976); Westerman v. Shell's City, Inc., 265 So.2d 43 (Fla.1972); Dory Auerbach Realty Co. v. Waser, 359 So.2d 902 (Fla. 3d DCA 1978). The trial court's findings as set forth in the final judgment "1. That this action filed by the Plaintiff is foun......
-
B.F. Goodrich Co. v. Reeber
...Line Railroad Co., 349 So.2d 1187 (Fla.1977); Florida Power & Light Co. v. McCollum, 140 So.2d 569 (Fla.1962); Dory Auerbach Realty Co. v. Waser, 359 So.2d 902 (Fla. 3d DCA 1978); Burgin v. Merritt, 311 So.2d 688 (Fla. 3d DCA), cert. denied, 324 So.2d 84 (Fla.1975); Gallub v. Del Vecchio, 3......