HomeMy WebLinkAbout0282vendor as though he had joined in the conveyanc~,
and is entitled to a lien to the extent of the
purchase money thus made nayable to him. 77 Am.
Jur.2d, Vendor and Purchaser, §446."
Th~s, Brownlee Brothers, Inc, woula have been entitled to claim
a vendor's lien and did not slander Plaintiff's title as a re-
sult of the vendor's lien which was filed by Defendant in the
amount of $127,028.99.
It is thereupon
ORDF.RED and ADJUDrED~that Plaintiff, Brownlee and Associates,
Inc., a Florida corporation, takes nothinR bv the action in Case No.
77-325, and Defendant, Bowen Rrothers, Tnc., a Florida corPoration,
goes hence without day and recovers its costs from Plaintiff. Jtiris-
diction is reserved to assess costs upon motion and hearing.
As to the counterclaims an~ third party comn2aints,
Counterplaintiff has failed to prove an~ fraud or fiisrenresentation
by Jerome E. Brownlee and Brownlee and Associates, Inc. In addition,
Counterplaintiff has failed to prove that it sustained any dama~es
or losses as a result of anv actions by .lerome E. Brownlee and
Brownlee and Associates, Inc. The foreclosure oF the vendor's lien
by Counterplainti f f is now moot, sittce First National Bank of Fort Piercz
foreclosed its first mort~age in f.ase No. 78-35, ac~uiring title
to this nroperty and there were no surplus dishursements availahle.
(P-1, Item 24). Bowen Brothers, Inc. was a partv defendant in that
suit, and no deficiency judgment was awarded in its favor aRainst
Brownlee and Associates, Inc. a-nd .Terome F.. Brownlee. Since the
indebtedness of 5127~029.29 from Brownlee and Associates, Inc. to
Bowen Brothers, Inc. arose because it was part of the purchase
price of the real estate, no deficiencv judgment will be entered
a~ainst Brownlee and Associates, Inc. This indebtedness is onlv
against Brownlee and Associates~ Inc., and not Jerome E. Bro~an~ee
individually, since the a~;reement of n~tober 24, 1975 was never
signed by Jerome E. Brownlee individually, and the title to the
real estate was taken in the name of Arowntee and Associates, Inc
and not Jerome E. Brownlee. In addition, the methr,d of navment
provided in this agreement was "Bowen a~rees to accent navment
from Brownlee of said money, as funds become available to Brownlee.
-3-
d~'~ 3~51 P~~~ 28~