Meyers v. Cunningham, 81-2020

• Decision Date: 15 June 1982
• Docket Number: No. 81-2020,81-2020
• Citation: 415 So.2d 802
• Parties: William L. MEYERS, Appellant, v. David A. CUNNINGHAM, Evelyn B. Cunningham, Audrey A. Elver and Elver-McBride Assoc., Inc., Appellees.
• Court: Florida District Court of Appeals

Page 802

415 So.2d 802

William L. MEYERS, Appellant, v.David A. CUNNINGHAM, Evelyn B. Cunningham, Audrey A. Elver and Elver-McBride Assoc., Inc., Appellees.

No. 81-2020.

District Court of Appeal of Florida Third District.

June 15, 1982.

Rehearing Denied July 2, 1982.

Frigola, DeVane & Wright, P. A. and Thomas D. Wright and Leonard J. Cooperman, Marathon, for appellant.

Michael H. Cates, Key West and Thomas J. Dowdell, III, Marathon Shores, for appellees.

Before HUBBART, C. J., SCHWARTZ, J., and PEARSON, TILLMAN (Ret.) Associate Judge.

PER CURIAM.

The final judgment under review is reversed and the cause is remanded to the trial court with directions to enter judgment for the plaintiffWilliam L. Meyers as prayed for in his complaint.The uncontradicted evidence in this record establishes that the plaintiff Meyers was entitled to the return of his $13,000 deposit sued for in this action under the contract which he entered into for the purchase of certain realty in Monroe County, Florida.

The subject contract of sale was made expressly contingent on the plaintiff Meyers, as buyer, obtaining a certain mortgage loan within thirty (30) days of the date of the contract; either party was authorized to cancel the said contract if the above mortgage loan was not obtained within the above-stated time period.It is undisputed that the plaintiff Meyers made application for the said mortgage loan at a savings and loan association in Marathon, Florida, within a week of the signing of the above-stated contract; subsequently, the plaintiff Meyers supplied the above institution with all the necessary information requested with reference to the...