American National Self Storage, Inc. v. Lopez-Aguiar
Florida Court of Appeal
521 So.2d 303 (1988)
Relevant factsFree
Lopez-Aguiar's (defendant) land-sale contract with American National (plaintiff) warranted that water, sewer, and electric services were available at the property, but the deed, which didn't contain this warranty, was later delivered and accepted; American sued for breach after discovering water and sewer service wasn't actually available, requiring $25,000 to extend, and the trial court found the warranty was extinguished by merger into the deed.
IssueFree
Whether collateral agreements in a land-sale contract that are not usually included in the terms of a deed are extinguished by merger of the contract into the deed.
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