JOSEPH W. LACROIX ET AL., APPELLANTS,
v.
LOU HIGGINS, INDIVIDUALLY AND AS TRUSTEE, AND REAL PROPERTIES, INC., APPELLEES

Fla. 4th DCA | 1974-02-15
No. 72-1184
OWEN, C. J., CROSS, J., and MCDONALD, PARKER LEE, Associate Judge, concur.
289 So. 2d 743 Florida District Court of Appeal, Fourth District (1974) Positive Treatment
Cited by 6 cases
Topics
Binding Agreement Competent Substantial Evidence Breach Of Contract

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellants and appellees entered into an agreement for the purchase and sale of land in Palm Beach County. Although the appellants contend otherwise, it was a binding agreement on both sides and mutually enforceable. The transaction was not closed and the appellants unsuccessfully sought to regain the earnest money paid.

There was an issue of fact as to which party breached the contract and whether the other was ready, willing and able to perform. The trial judge found that the purchasers were the ones who breached the contract. There is competent substantial evidence to support the detailed findings of the trial judge on all points raised and his application of the law was proper. When this is true, the judgment should be affirmed. (See 2 Fla.Jur., Appeals, Sec. 347, and cases cited therein.)

Affirmed.

OWEN, C. J., CROSS, J., and MCDONALD, PARKER LEE, Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Palm Beach Cnty. v. Town OF Palm Beach, 426 So. 2d 1063 (Fla. 4th DCA 1983)
    …the Village of North Palm Beach. Any benefits which exist are, at best, inconsequential. The appellate function initially is to determine whether the trial court’s findings of fact are based upon substantial competent evidence. LaCroix v. Higgins, 289 So. 2d 743 (Fla. 4th DCA 1974); Alsdorf, 373 So. 2d at 695. The inquiry does not stop there. It is then incumbent upon the appellate court to determine whether the appropriate rule of law has been applied to the factual findings. The record supports the concl…
  • Alsdorf v. Broward Cnty., 373 So. 2d 695 (Fla. 4th DCA 1979)
    …ce was presented by the county and the trial court basically reached a factual determination on conflicting evidence. The findings of the trial court will not be disturbed on appeal if supported by competent substantial evidence. LaCroix v. Higgins, 289 So. 2d 743 (Fla. 4th DCA 1974). [*699] Appellants’ argument is basically one of dissatisfaction with the existing library system. The fact that appellants might prefer a different system as a matter of policy does not mean that the municipal residents themselv…
  • Malt v. R. J. Mueller Enters., Inc., 396 So. 2d 1174 (Fla. 4th DCA 1981)
    …of considerably less than 22,000 square feet. The facts were complex and conflicting and after reviewing the briefs, transcript and evidence, we cannot say that the court erred in deciding these conflicts in favor of the tenant. LaCroix v. Higgins, 289 So. 2d 743 (Fla. 4th DCA 1974). The building here was leased to the tenant, who in turn leased a portion of it back to the lessor. There were conflicts about the size of the building which determined the amount of rent and about the space actually used by the…

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