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Wolofsky v. Behrman

454 So. 2d 614 (1984)

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Wolofsky v. Behrman

Court of Appeals of Florida

454 So. 2d 614 (1984)

Facts

Peter Wolofsky (plaintiff), a developer, sold a condominium to Harold and Elaine Behrman (defendants). The Behrmans planned to move into the condominium when they sold their family home. When the Behrmans were unable to sell their family home, they decided to sell the condominium instead. Wolofsky repurchased the condominium from the Behrmans, and the parties signed a sale contract. A few weeks before the parties were to close on the sale, one of the Behrmans visited the apartment and found that someone else had been staying there. Wolofsky had already found a new purchaser for the condominium, and Wolofsky had been allowing the new purchaser to stay there prior to the closing. The Behrmans notified Wolofsky that they would not close on the sale and returned Wolofsky’s deposit. Wolofsky sued the Behrmans for damages. The Behrmans admitted to breach of contract, but argued that Wolofsky was not entitled to damages because the Behrmans had not acted in bad faith. The trial court found for the Behrmans. Wolofsky appealed.

Rule of Law

Issue

Holding and Reasoning (Downey, J.)

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