OSCAR LEE MCHOME, APPELLANT (DEFENDANT),

v.

STATE OF FLORIDA, APPELLEE (STATE)

Citator

Cited By

• Evenline Constr. Corp. v. Miller's Plantation Dev. Co. & Jimmie B. Gregory, 349 So. 2d 686 (Fla. 4th DCA 1977)
  …be that the City of Sunrise would be estopped from enforcing the lower density provision in the above set out ordinance because of the letter from the Mayor and the subsequent attempt to define the ordinance. But as was said in Westerlind v. Dehon, 326 So. 2d 24 (Fla.4th DCA 1976). “A purchaser can not be made to accept the property when he may have to [*688] litigate to obtain that property in the condition for which he contracted.” The question as to whether or not the City of Sunrise could enforce its…
• Hauben v. Harmon, 605 F.2d 920 (5th Cir. 1979)
  …hat the pendency of condemnation proceedings at the time of execution of a contract constitutes a defect in title and is grounds for rescission of the contract. Walton Land & Timber Co. v. Long, 135 Fla. 843, 185 So. 839 (1939); Westerlind v. Dehon, 326 So. 2d 24 (Fla.App.1976). As the district judge explained in his opinion, these cases do not apply to the facts of the instant case because in each of them the condemnation action was filed before the execution of the contract. After finding that there had b…