Shriner v. Fountain

SEBRING, J.:

The appellant, Shriner, sued the appellee, Fountain, to recover damages upon an alleged breach of a written contract to convey certain property situated in Daytona Beach, Florida. A demurrer was sustained to the declaration and the plaintiff below refused to amend. Thereupon judgment was entered in favor of the defendant, and the plaintiff has taken this appeal.

The contract which was the basis of the action was executed on November 13, 1944, upon a printed form bearing the title: “Daytona Beach Board of Realtors Official Form No. 1, Deposit Receipt,” which we assume was completed…