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L & N Grove, Inc. v. Chapman

291 So. 2d 217 (1974)

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L & N Grove, Inc. v. Chapman

Florida District Court of Appeal
291 So. 2d 217 (1974)

RW

Facts

In 1965, Walt Disney announced with great fanfare his intention to build a new theme park near Orlando, Florida on highway Route 27. Disney’s project remained in planning for years. No one knew where the park’s main access road would connect with Route 27, but Paul Curtis (defendant) guessed it would be on orchard land owned by Robert Chapman Jr. (plaintiff). Both Curtis and Chapman were active Orlando real estate brokers. In 1966, Chapman agreed to sell his orchard to Curtis, who titled the land in the name of his company, L & N Grove, Inc. (L&N) (defendant). The sale contract set a price 50 percent higher than the property’s value as an orchard. The contract also stipulated that Chapman would go on operating the orchard and selling its produce. In the meantime, in anticipation of Route 27’s likely widening, Chapman was marketing a parcel adjacent to the orchard for commercial development. In 1970, after the state highway department selected the orchard as the location for Walt Disney World’s Route 27 entrance, Chapman sued for rescission of the orchard’s sale contract. The trial court imposed a constructive trust on the orchard. Curtis appealed to the district appellate court.

Rule of Law

Issue

Holding and Reasoning (Boardman, J.)

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