ON PETITION FOR REHEARING
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The Florida Supreme Court affirmed a lower court decree requiring specific performance of a land sale contract and foreclosure of a vendor's lien upon the purchaser's failure to pay. The court held that equity courts may enforce such contracts and that the lower court properly ordered the defendants to pay amounts due and execute a mortgage, with sale of the property as a remedy for non-compliance.
Courts of equity may enforce contracts for sale and conveyance of land by requiring specific performance and, upon failure to perform, by foreclosing the vendor's lien through sale of the property. The lower court properly decreed that defendants pay the amounts due, execute a mortgage for unmatured payments, and that the property be sold at public outcry if defendants failed to comply.
“Courts of equity may enforce such contracts.”
Establishes the foundational principle that equity courts have authority to enforce land sale contracts through specific performance.
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Join FLexlaw to unlock all legal intelligenceComplainants agreed to sell land to defendants, with complainants to furnish an abstract showing good and marketable title. Defendants agreed to pay c…
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Matthews, Commissioner. This suit seeks to require specific performance, on the part of purchaser, under contract for sale and conveyance of land, find upon failure to perform by a date to be named by the Court that complainant’s vendor’s lien be foreclosed by 'a sale of the property. Courts of equity may enforce such contracts. Morgan. v. Eaton, 59 Fla. 562, 52 So. R. 305; Edmons v. Gracy, 61 Fla. 593, 54 So. R. 899; McCaskill v. Dekle, 88 Fla. 285, 102 So. R. 252; Story’s Equity (13th ed) See. 717. Complainants agreed to furnish abstract showing good and marketable title to be conveyed, and defendant, the title being found good and marketable, agreed to buy and pay certain amounts in cash and secure the remaining purchase price to complainants by mortgage, payable in installments, upon the land. Complainants furnished abstracts of title and thereafter, defendants having made no objection to title shown by the abstracts and having failed to make payment' under the contract, complainants brought this suit alleging they are ready, able and willing to convey to defendants and-offering to do so, alleging also failure of defendants to perform, and praying that the defendants be required to perform, for an accounting, and upon failure of defendants to-perform, that the property be ordered sold, and for other, relief.
The court below, among other things, found and decreed the amount due the complainants for principal and interest on the date of the decree, including matured mortgage payments under the terms of the contract, and ordered and directed the defendants, on or before a date fixed by the court, to pay the same and execute and deliver to complainants a mortgage upon the lands described in the contract securing the unmatured payments with interest, under the terms of the contract, and further decreed, in accordance with the prayer of the bill, that upon failure of defendants to perform that the general master, to whom the case was previously referred, do sell the property at public outcry at a time, place and manner and after notice as is specifically set forth and provided for in the decree. This decree is in accord with the allegations and prayer of the bill, is supported by the evidence and was a proper decree under the case of McCaskill v. Dekle, supra.
Nothing has been presented by the petition which was not considered by this court in affirming the decree of the lower court.
Rehearing denied.
Per Curiam.
A petition for rehearing having been filed in this cause, and same having been duly considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the said petition for rehearing be and the same' is hereby denied.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henderson v. Morton, 109 Fla. 300 (Fla. 1933)…ien for such un [*305] paid purchase price against property in possession of the vendee under such contract. See Schmidt v. Kibben, 100 Fla. 1684, 132 Sou. Rep. 194; Smalley v. Sovereign Finance Co., 102 Fla. 32, 135 Sou. Rep. 558; Grentner v. Hays, 98 Fla. 547, 124 Sou. Rep. 916; Miami Bond & Mortgage Co. v. Bell, 101 Fla. 1291, 133. Sou. Rep. 547. In an action at law between vendor and vendee, vendor who has not performed his own dependent covenants, or tendered performance of them, so as to entitle him…
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Wordinger v. Wirt, 112 Fla. 822 (Fla. 1933)…endor to sue for same is supported by a number of our decisions. Smalley v. Sovereign Finance Co., 102 Fla. 32, 135 Sou. Rep. 558; Schmidt v. Kibben, 100 Fla. 1684; 132 Sou. Rep. 194; Edmons v. Gracy, 61 Fla. 593, 54 Sou. Rep. 899; Grentner v. Hays, 98 Fla. 547, 124 Sou. Rep. 816; Aycock Bros. Lumber Co. v. First Natl. Bank, 54 Fla. 604, 45 Sou. Rep. 501; Miami Bond & Mortgage Co. v. Bell, 101 Fla. 1291, 133 Sou. Rep. 547; Standard Lumber Co. v. Florida Industrial Co., 106 Fla. 884, 141 Sou. Rep. 729; Alab…
Authorities Cited
- The R. E. L. McCaskill Co. v. Dekle, 88 Fla. 285 (Fla. 1924)
- Morgan v. Eaton, 59 Fla. 562 (Fla. 1910)
- Edmons v. Gracy, 61 Fla. 593 (Fla. 1911)