Niesz v. Gehris

418 So.2d 445 (1982)

Richard P. NIESZ, Appellant,

v.

Arthur H. GEHRIS, III, et al., Appellees.

No. 81-668.

District Court of Appeal of Florida, Fifth District.

August 25, 1982.

Richard P. Niesz, pro se.

Eric A. Latinsky of Gary Smigiel, P.A., Daytona Beach, for appellee Gary Smigiel.

COWART, Judge.

This case involves an action by buyers of land to rescind their purchase money mortgages because of failure of the seller to perform a covenant in the purchase contract.

Cushway owned a building subject to a first mortgage to Security First Federal and a second mortgage to appellant Niesz. Cushway, as seller,…