American National Self Storage, Inc. v. Lopez-Aguiar

521 So.2d 303 (1988)

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American National Self Storage, Inc. v. Lopez-Aguiar

Florida Court of Appeal
521 So.2d 303 (1988)

SC

Facts

American National Self Storage, Inc. (plaintiff) bought property from Carlos Lopez-Aguiar (defendant). The land sale contract contained a warranty from Lopez-Aguiar that water, sewer, and electric services were available at the premises. American sued Lopez-Aguiar, alleging a breach of the warranty in that water and sewer services were not available at the premises but required approximately $25,000 in costs to extend the services to the property. The trial court found that the sale contract merged into the deed, which did not contain the warranty. Thus, the warranty ceased to exist. As a result, the trial court granted Lopez-Aguiar summary judgment. American appealed.

Rule of Law

Issue

Holding and Reasoning (Pearson, J.)

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