Opinion
No. 85-546.
November 26, 1985. Rehearing Denied January 13, 1986.
Appeal from the Circuit Court for Dade County; Stuart M. Simons, Judge.
R. Stuart Huff, Coral Gables, for appellant.
Catlin, Saxon, Tuttle Evans and H. James Catlin, Jr., Miami, for appellee.
Before HUBBART, BASKIN and JORGENSON, JJ.
We affirm the judgment of the trial court upon a holding that the contract submitted by Herring (who had a right of first refusal) differed materially in its essential terms from the contract submitted by the third-party purchaser. See Lehr v. Breakstone, 472 So.2d 1333 (Fla. 3d DCA 1985); Central Properties, Inc. v. Robbinson, 450 So.2d 277 (Fla. 1st DCA 1984), quashed in part on other grounds, 468 So.2d 986 (Fla. 1985); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 444 So.2d 1047 (Fla. 2d DCA 1984); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla. 3d DCA 1970). In the present case, the third-party purchaser's contract contained an "as is" clause, whereas Herring's contract provided that the seller warranted all major appliances, plumbing, electrical installations, and machinery.
Affirmed.