Carson v. Fishtail Marine of Naples, Inc.

I respectfully dissent. It appears that both parties thought they had effected a sale. Boat Mart had prepared and delivered two contracts to Carson. Carson had made a deposit, arranged financing at a local bank, and leased a storage facility for the boat. Boat Mart notified the Coast Guard (the boat was to be used for commercial transport of people) that it was selling the boat to Carson. The agreement, however, remained contingent on the boat passing a Coast Guard inspection which never occurred.

My difficulty with the majority’s decision is that this case was disposed of on summary judgment.…