
    PFE ENTERPRISES, INC., Appellant, v. Leon G. NICHOLS, Individually and as Trustee et al., Appellees.
    No. 75-1776.
    District Court of Appeal of Florida, Third District.
    March 8, 1977.
    Pettigrew, Arky, Freed, Stearns, Watson & Greer, Miami, for appellant.
    Leon G. Nichols, Miami, for appellees.
    Before HENDRY, C. J., NATHAN, J, and CHARLES CARROLL (Ret.), Associate Judge.
   PER CURIAM.

Affirmed.

NATHAN, Judge, concurring in part and dissenting in part.

I concur with the majority in the dismissal with prejudice of Count II of appellant’s complaint, but respectfully dissent as to Count I thereof.

The appellant’s complaint arose out of an alleged breach by appellees (purchasers) of a contract for the purchase of real property from appellant (seller). Count I alleged fraud by the appellees. The trial court dismissed Count I, reasoning that appellant was limited by the contract to the agreed upon liquidated damages. I am of the opinion that Count I sets forth all the necessary elements of fraud to constitute an independent cause of action.  