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May v. Muroff

Florida Court of Appeals
483 So.2d 772 (1986)


Facts

The seller entered into a contract to sell his land to the purchaser. After entering into this contract, but prior to closing on the purchase, the seller sold fill from the land to a third party for $240,000. The purchaser sued the seller, seeking the full amount of the proceeds from the sale of the fill. The trial court ruled that the purchaser had been damaged, but the trial court calculated the damages based on a pro-rata amount in relation to the acreage lost by removing the fill. The trial court determined that 25 acres had been lost, which constituted $122,067 of the purchase price. The purchaser appealed to the Florida Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Letts, J.)

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