MARY A. CHANEY, A WIDOW, W. H. WARD AND WIFE, EMMA L. WARD,
v.
J. MARTIN BROWN
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The court held that a check containing payment details but lacking essential terms is not a sufficient written contract for specific performance.
Plaintiff sought specific performance of a real estate contract based on a check for $100.00 with notations about a house and lot purchase. The check …
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Upon petition for certiorari under Rule 34 we review an order denying a motion to dismiss a bill seeking specific performance.
The question is whether the receipt, endorsement and cashing of the following check is a sufficient written contract to support a suit for specific performance of a contract to sell real estate:
“THE HILLSBOROUGH STATE BANK 63-98
Plant City, Fla. 2-29 1944 No.
PAY TO THE ORDER OF Mrs. Mary A. Chaney $100.00 One-hundred and xx/100....................DOLLARS
FOR cash payment on hbouse & lot, /s/ J. Martin Brown 701 So. Collins St. $900 bal. payable on possession”
Specific performance is an equitable remedy granted only in cases where the parties have actually entered into an agreement which is definite and certain in all its essential elements. There was no contract as shown by this bill. We grant certiorari and quash the order upon authority of Rhode v. Gallat, 70 Fla. 536, 70 So. 471; Whitson v. Owens, 94 Fla. 1201, *490115 So. 512; Florida Bank & Trust Co. v. Field, 157 Fla. 261, 25 So. (2nd) 663.
So ordered.
THOMAS, C. J., BUFORD and BARNS, JJ., concur.
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Turk v. Hysan Prods. Co., 149 So. 2d 584 (Fla. 3d DCA 1963)…itable remedy sought, i. e., an injunction restraining breach thereof. The law is well settled that for the injunctive remedy to apply to restrain the breach of a contract, the contract must be certain and unambiguous in its terms. Chaney v. Brown, 158 Fla. 489, 29 So. 2d 209; 17 Fla.Jur., Injunctions, § 35. In Robinson v. Sax, Fla.App.1959, 115 So. 2d 438, the court quoted from Restatement, Contracts, § 370, as follows: “ ‘Specific enforcement will not be decreed unless the terms of the contract are so…
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Biltmore Constr. Co. v. Fla. Dep't OF Gen. Servs., 363 So. 2d 851 (Fla. 1st DCA 1978)…peal from the Architect’s determination.” The final order departs from the essential requirements of law. It orders specific per [*854] formance of contract which only a court in the exercise of its equitable powers may decree. See Chaney v. Brown, 158 Fla. 489, 29 So. 2d 209 (1947), and H. Kooman, Florida Chancery Pleading and Practice § 374 (1939). While an administrative agency may exercise quasi-judicial power when authorized by statute, it may not exercise power which is basically and fundamentally ju…
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Marlin C. Townsend and wife v. Martin-McCLELLAN Co., 270 So. 2d 396 (Fla. 1st DCA 1972)…and given full consideration, and appellants having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed. F.S. Section 725.01, F.S.A. 1; Miller v. Murray (Fla.1954) 68 So. 2d 594; Chaney v. Brown (1947) 158 Fla. 489, 29 So. 2d 209; Connolly v. Sebeco (Fla.1956) 89 So. 2d 482. CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rhode v. Gallat, 70 Fla. 536 (Fla. 1915)
- Fla. Bank & Tr. Co. AT W. Palm Beach v. Field, 157 Fla. 261 (Fla. 1946)
- Whitson v. Owens, 94 Fla. 1201 (Fla. 1928)