Buccaneer's Roost Ltd. v. Weaver

PATTERSON, Judge.

This appeal arises from a final summary judgment declaring a contract for the sale of realty to be void for lack of mutuality. We reverse.

On October 9, 1989, Mark E. Weaver (Weaver) contracted with Buccaneer’s Roost Ltd., a Florida limited partnership, *894(Buccaneer) for the purchase of a commercial condominium unit in Buccaneer’s Colonial Square development. Weaver made a deposit of $23,700 under the contract. The deal failed to close, and on October 5, 1990, Weaver initiated a three-count action seeking the return of his deposit. Count I asserts that Weaver was unable to…