Atlas Moving & Storage Warehouses, Inc. v. Truly Nolen, Inc.

DREW, Justice.

Writ of certiorari has issued herein for alleged conflict with decisions of this Court in Walker & McClellana v. Chancey, 96 Fla. 82, 117 So. 705, and DeVore v. Lee, 158 Fla. 608, 30 So.2d 924.

The decision of the district court in this, cause1 was simply that the agreement between the parties, which formed the basis for petitioner’s original action for declaratory relief, was so ambiguous and indefinite as to be unenforceable. Upon this theory the chancellor’s finding for plaintiff-lessor, the petitioner, awarding damages and excusing performance because of repudiation by…