Lease With Option To Purchase

18 Florida cases classified under this topic · sorted by citation count · browse and sort

• Nelson v. Seaboard Sur. Co.
  269 F.2d 882· 8th Cir.· 1959-09-03 ·cited 24×
  The court held that while a partnership existed between H&R Construction and Investment Company, Seaboard Surety Company, with knowledge of this partnership, elected to deal solely with H&R Construction, thereby waiving its right to seek recovery from the Nelsons (Investment Comp
• Breece Veneer & Panel Co. v. Commissioner OF Internal Revenue
  232 F.2d 319· 7th Cir.· 1956-04-26 ·cited 18×
  Payments made under a lease with an option to purchase are deductible as rent if the taxpayer has no equity in the property at the time the payments are made.
• Nobles v. L'Engle
  61 Fla. 696· Fla.· 1911-01-01 ·cited 16×
  The Florida Supreme Court affirmed a lower court's decision to sustain demurrers to a bill of complaint seeking specific performance of a land sale contract. The court found that the complainant's significant delay in bringing the suit, after the lessor refused to convey and afte
• Chicago Great W. Ry. Co. v. Chicago
  193 F.2d 975· 8th Cir.· 1952-02-05 ·cited 14×
  The court held that the District Court had jurisdiction to issue a preliminary injunction requiring a railroad to provide switching service, even on intrastate traffic, when a substantial federal question was presented.
• Gautier v. Lapof
  91 So. 2d 324· Fla.· 1956-12-12 ·cited 12×
  The Florida Supreme Court held that a lessee's option to purchase contained in a lease does not create an equitable or beneficial ownership interest until the option is actually exercised. Since the plaintiffs did not exercise their option until July 1, 1954, they did not qualify
• Morris v. Osteen
  948 So. 2d 821· Fla. 5th DCA· 2007-01-19 ·cited 9×
  Morris and Pate leased property from the Gaglianos with an option to purchase, but the property was subject to a foreclosure judgment held by Osteen (later assigned to the Barzanos). After the Gaglianos conveyed the property to the Barzanos via quitclaim deed in lieu of foreclosu
• In re Merritt Dredging Co., Inc. v. Campbell-Appellee
  839 F.2d 203· 4th Cir.· 1988-02-12 ·cited 6×
  The dissenting judge would hold that the transaction is governed by Louisiana law, which would classify the agreement as a lease with an option to purchase, thus favoring Compliance Marine's claim.
• Allen v. Ronald S. Cohen in Bankruptcy of Melvin F. Cady
  310 F.2d 312· 2d Cir.· 1962-11-14 ·cited 6×
  The court held that the agreement was a lease with an option to purchase, not a conditional sale under New York law, because the total payments were not substantially equivalent to the trailer's value and the buyer was not obligated to purchase.
• Mercer v. Miller
  157 Fla. 78· Fla.· 1946-02-15 ·cited 6×
  A real estate broker sued the property owner for a 5% commission on a failed land sale, arguing he had performed his duties by finding a ready, willing, and able buyer despite the owner's inability to convey title due to a lease option. The Florida Supreme Court affirmed judgment
• Major Holding Corp. v. Butler
  138 Fla. 633· Fla.· 1939-06-16 ·cited 6×
  The Florida Supreme Court affirmed a lower court decree that reinstated a lease containing an option to purchase, finding that the lessee had not forfeited his rights despite alleged arrearages in rent and taxes. However, the court reversed the portion of the decree ordering conv
• Bud B. Brace & Alta M. Brace v. Comfort
  2 So. 3d 1007· Fla. 2d DCA· 2008-12-03 ·cited 5×
  The Braces appealed a trial court's dismissal of their multi-count complaint arising from a failed real estate transaction. The appellate court held that the statute of frauds defense does not bar claims for declaratory relief, unjust enrichment, civil conspiracy, tortious interf
• Tischler v. Robinson
  56 Fla. 699· Fla.· 1908-06-01 ·cited 4×
  Philip Tischler brought a writ of error to challenge an ejectment judgment against him. The Florida Supreme Court reversed, holding that Tischler's interest in the property—derived from a lease with a purchase option—was merely equitable and could not be reached by a sheriff's sa
• Nelson Props., Inc. v. Denham
  123 Fla. 382· Fla.· 1936-03-06 ·cited 3×
  Nelson Properties, Inc. v. H. W. Denham concerns who is entitled to fire insurance proceeds when a building on leased property with a purchase option burns before the lease term expires and the option can be exercised. The Florida Supreme Court held that the tenant, having compli
• Silverean J. Brazeal and Daisy v. Brazeal
  270 F.2d 943· 8th Cir.· 1959-10-23 ·cited 2×
  The court held that the lease was not invalidated by a material alteration and that the defendants waived any right to forfeit the lease due to non-payment of rent, affirming the judgment for specific performance.
• Davy v. Crawford
  147 F.2d 574· D.C. Cir.· 1945-02-19 ·cited 2×
  The court held that provisions in a lease-purchase contract allowing the seller to retain a substantial deposit as liquidated damages for any breach, including minor ones, are void as penalties.
• Isenhour v. Tipanos N.V.
  465 So. 2d 536· Fla. 5th DCA· 1985-02-07
  Isenhour appeals a judgment awarding Tipanos $12,400 under a lease/option to purchase agreement. The court affirmed, holding that Isenhour remained obligated to pay all consideration due under the agreement even though he vacated and terminated the lease/option early, citing plum
• Best Trailer Sales, Inc. v. William C. Smith in Bankruptcy for Charles Ernest Douglas
  395 F.2d 97· 5th Cir.· 1968-05-16
  A 'Mobile Home Lease with Option to Purchase' is not a recordable instrument under Alabama law if it merely grants an option to purchase without an absolute obligation to pay the full price.
• Finn v. Bowden
  66 Fla. 41· Fla.· 1913-06-25
  Finn sought specific performance to compel Bowden to execute a deed conveying real property in Jacksonville pursuant to a 1906 lease-purchase agreement. The Florida Supreme Court affirmed the trial court's judgment for Bowden, holding that Finn's failure to tender the purchase pr