442 So. 2d 1093 | Fla. Dist. Ct. App. | 1983
This is an appeal from a final judgment on a directed verdict in the jury trial of a four count complaint brought by a buyer alleging that the seller breached a written contract for the sale of a condominium development. We have examined the complaint, the contract and the evidence adduced by the buyer and find that there was a basis for the trial court holding that, as a matter of law, the evidence was insufficient to go to the jury as to count three, alleging a tortious interference by a third party with the contractual relationship between the buyer and seller. However, there was prima facie evidence of a legal contract and of its breach and those matters necessitated the resolution of disputed questions of fact and should not have been decided adversely to the buyer as a matter of law. Accordingly, as to counts one, two and four of the complaint the final judgment against the buyer is reversed and the cause remanded for trial.
REVERSED.
