J. L. CONE, AND VERA GRAHAM CONE, HIS WIFE, APPELLANTS,
v.
C. G. ARMSTRONG, APPELLEE
J. L. CONE, AND VERA GRAHAM CONE, HIS WIFE, APPELLANTS,
C. G. ARMSTRONG, APPELLEE
102 Fla. 1139
Florida Supreme Court (1931)
Positive Treatment
Also reported at: 136 So. 688
Cited by 3 cases
Opinion of the Court
— This cause having heretofore been submitted to the Court upon the transcript of the record of the order herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said order; it is, therefore, considered, ordered and decreed by the Court that the said order of the Circuit Court be, and the same is hereby affirmed.
Whitfield, P.J., and Terrell and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Campbell v. Werner, 232 So. 2d 252 (Fla. 3d DCA 1970)…ote calling for payment in installments, and/or in a mortgage given as security therefor, confers a contract right upon the mortgagee which he may elect to enforce, upon a default. In the case of Treb Trading Co. v. Green, 102 Fla. 238, 135 So. 510, 136 So. 688, after holding that foreclosure can be had for an entire mortgage indebtedness upon election to accelerate for a default consisting of nonpayment of taxes, required to be paid by a mortgage which contains a clause authorizing acceleration for defaul…
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NEW England Mut. Life Ins. Co. v. Luxury Home Builders, Inc., 311 So. 2d 160 (Fla. 3d DCA 1975)…reement [for acceleration] is not prohibited by statute, nor is it against public policy; it is not in the nature of a forfeiture nor a hard contract which it would be unconscionable to enforce.” Treb Trading Co. v. Green, 102 Fla. 238, 135 So. 510, 136 So. 688. A contract right, which by constitutional provision is immune to impairment by legislative action, should not be impaired or abrogated by a court. However, the holder of such a contract right may so act with reference thereto that he may be held t…
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Guynn v. Brentmoore Farms, Inc., 253 So. 2d 136 (Fla. 1st DCA 1971)…e. [*138] We are here presented with an acceleration clause set out in a mortgage which confers a contract right upon the mortgagee which he may elect to enforce upon a default. Treb Trading Co. v. Green, 102 Fla. 238, 135 So. 510, and 102 Fla. 238, 136 So. 688 (Fla.1931). Campbell v. Werner, 232 So. 2d 252 (Fla.D.C.A. 3d 1970),1 is controlling. There, in a scholarly opinion Judge Charles Carroll, speaking for our sister court, thoroughly reviewed the case law of this jurisdiction pertaining to the subject…