Legal Opinion

Teubner v. El-Dick

District Court of Appeal of Florida

Decided April 18, 1984No. 83-1595PublishedCited by 2 opinions

1Per curiam

This is an appeal brought by Marianne Teubner (the property owner) from a final judgment which ordered specific performance of an oral contract to sell certain real property. We reverse for two particular reasons:

First: There was no meeting of the minds at any point in time as to certain essential terms of the alleged contract. There was confusion, controversy, and no agreement as to the purchase price and as to the financing or mortgaging arrangements. Such lack is fatal as concerns specific performance. Farrell v. Phillips, 414 So.2d 1119 (Fla. 4th DCA 1982); Mehler v. Huston, 57 So.2d 836…

2Cases cited4 opinions

  1. Mehler v. HustonSupreme Court of Florida · 1952
  2. Avery v. Marine Bank & Trust Co.District Court of Appeal of Florida · 1968
  3. Farrell v. PhillipsDistrict Court of Appeal of Florida · 1982
  4. Polishuk v. CaidinDistrict Court of Appeal of Florida · 1982

3Cited by2 opinions

  1. Moraitis v. GalluzzoDistrict Court of Appeal of Florida · 1986
  2. Renfro v. DodgeDistrict Court of Appeal of Florida · 1988

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