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BROWN v. MATTON

No. 81-467.

406 So.2d 1269 (1981)

Walter J. BROWN and Muriel A. Brown, His Wife, and Florida Executive Realty, Inc., Appellants, v. Paul E. MATTON, Appellee.

District Court of Appeal of Florida, Fourth District.

December 9, 1981.

Attorney(s) appearing for the Case

Bennett S. Cohn, Lake Worth, and Carl L. Campbell, Palm Beach, for appellants.

William M. Layton, Lake Worth, for appellee.

LETTS, Chief Judge.

This appeal comes to us from a final judgment which returned the deposit on a real estate contract to the buyer because the contract was contingent upon the buyer securing a mortgage which he failed to obtain. We reverse.

The particular contingency provision read as follows:

This contract is contingent upon buyers securing an 85% mortgage at financial institution at current rate and terms within 30 days.

During the non...

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