W. A. CATLETT AND WIFE, ELSIE CRAWFORD CATLETT, APPELLANTS,
v.
JOHN F. WHITE AND HIS WIFE, MARY G. WHITE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A vendor sued a defaulting vendee for unpaid installments under a land contract. The vendee initially sought specific performance but was in default on payments and continued refusing to pay despite vendor's cure of title objections. The court affirmed the lower court's decree requiring the vendee to complete payments or face foreclosure.
The court affirmed the decree in favor of the vendor on the counter-claim, requiring the vendee to complete payments or face foreclosure and sale of the land, while also requiring the vendor to provide a deed in escrow upon completion of payments by the vendee.
“Vendee was in default in paying the required installments of the purchase price, but attempted to excuse the default by objecting to vendor's title. The objections to the title were met by the vendor, notwithstanding which the vendee continued to refuse to make payments as required by the contract.”
Establishes the factual basis for the vendor's counter-claim—that the vendee's excuses were cured but they continued to default
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe vendees (Catletts) entered into a contract to purchase land from the vendors (Whites) under an installment payment arrangement. The vendees defaul…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Miscarriage Of Justice Standard cases and more on FLexlaw
— The bill filed in this case purports to be for specific performance of a contract to convey land. The suit was brought by the vendee against the vendor. Vendee was in default in paying the required installments of the purchase price, but attempted to excuse the default by objecting to vendor’s title. The objections to the title were met by the vendor, notwithstanding which the vendee continued to refuse to make payments as required by the contract.
Vendor filed an answer seeking affirmative relief on a *111counter-claim for the unpaid purchase price against the vendees. Decree pro eonfesso was taken on the answer.
Testimony was heard before a Master and final decree entered by the Chancellor in favor of the vendor on his counter-claim, but requiring vendor to make and place in escrow with the Master a good and sufficient deed conveying the title to vendee upon vendee’s completing payments of the purchase price found to be due, and adjudged to be paid. In default of payment by vendee, foreclosure and sale of the land was decreed in favor of the vendor. Appellants, who were complainants in the suit, appeal from the decree against them on the counterclaim.
A decree in equity will be affirmed where it appears from an examination of the entire case after it has gone to final hearing and been decided on the merits, that errors complained of as to pleading and procedure during the progress of the cause have not resulted in a miscarriage of justice. Day v. Weadoek, 101 Fla. 333, 134 So. 525, decided at the last term.
Final decree affirmed.
Whitfield, P.J., and Terrell, J., concur.
Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fagg Mill Work & Lumber Co. v. Blanche C. Van Every Greer and Paul Greer, 102 Fla. 955 (Fla. 1931)…were harmless. This Court is committed to the doctrine that a final decree in equity will be affirmed where alleged errors in pleading and procedure during the progress of the cause have not resulted in a miscarriage of justice (Catlett vs. White, 102 Fla. 110, 135 So. 565) or where it is apparent that a reversal for the errors complained of would prove ineffectual and of no benefit to the party asking it, as where the court can see that the same result must inevitably be reached a second time even after…
-
Woodruff v. The Lantana Fin. Corp., 102 Fla. 950 (Fla. 1931)…gone to final hearing and been decided on the merits that errors complained of as to pleading and procedure during the progress of the cause have not resulted in a miscarriage of justice. Day vs. Weadock, 101 Fla. 333, 134 So. 525; Catlett v. White, 102 Fla. 110, 135 So. 565. The decree appealed from is affirmed. Whitfield, P.J., a'nd Terrell, J., concur. Buford, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.…
-
Bailey v. Newman, 107 Fla. 194 (Fla. 1932)…of the transcript of the record, the Court has reached the conclusion that the decree of foreclosure appealed from must inevitably be affirmed on the authority of Fagg Mill Work & Lbr. Co. v. Greer, 102 Fla. 955, 136 Sou. Rep. 679; Catlett v. White, 102 Fla. 110, 135 Sou. Rep. 565. Therefore the motion to quash the appeal as frivolous is denied and the decree appealed from is affirmed on the authority of Grand Lodge K. of P. v. Goodall, decided at the present term, and Roberts Bros. v. Langford, 99 Fla. 12…
Authorities Cited
- Day v. Weadock, 101 Fla. 333 (Fla. 1931)