ARTHUR FISHMAN
v.
OLIVE HOPSON
ARTHUR FISHMAN
OLIVE HOPSON
159 Fla. 817
Florida Supreme Court (1947)
Positive Treatment
Also reported at: 32 So. 2d 913
Cited by 12 cases
Opinion of the Court
This appeal questions a decree refusing specific performance of a contract to sell real estate. The chancellor considered the evidence and in the exercise of his judicial discretion denied the relief. We can not say that the conclusion reached is clearly erroneous and so the decree is affirmed.
TERRELL, Acting Chief Justice, BUFORD, ADAMS and BARNS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Acoustic Innovations, Inc. v. Carey Schafer, 976 So. 2d 1139 (Fla. 4th DCA 2008)…cate award of damages. Second, the trial court’s imposition of a constructive trust on all of the shares of stock in Acoustic serves only as a method of securing [*1146] Miller’s performance, not as an additional award of damages. See Bell v. Smith, 159 Fla. 817, 32 So. 2d 829, 832-33 (1947) (recognizing that, in equity, a constructive trust may be imposed to implement a necessary remedy). It should be further noted that section 607.1434(4) authorizes the court to “[u]pon proof of good cause, make any order…
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Circle Fin. Co. v. Peacock, 399 So. 2d 81 (Fla. 1st DCA 1981)…162. The award of the court below is sustainable under a theory of unjust enrichment, and its particular equitable remedy as applied to circumstances before us is appropriately accomplished by the vehicle of a constructive trust. See Bell v. Smith, 159 Fla. 817, 32 So. 2d 829 (1949); Davidson v. Lely Estates, Inc., 330 So. 2d 528 (Fla.2d DCA 1976). It is particularly applicable in those situations where, although the property was not originally fraudulently acquired, it is against equity that the property…
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McGRIFF et ux. v. McGILL, 62 So. 2d 28 (Fla. 1952)…ction over the parties and subject matter of a controversy, will make a full disposition of all the issues involved in the controversy between the parties, including the award of money damages, in order to avoid multiplicity of suits. Bell v. Smith, 159 Fla. 817, 32 So. 2d 829, 175 A.L.R. 695; Tellerine v. Public Realty Co., Inc., 158 Fla. 556, 28 So. 2d 821; Chicago Trust Co. v. Knabb, 142 Fla. 767, 196 So. 200; Winn & Lovett Grocery Co. v. Saffold Bros. Produce Co., 121 Fla. 833, 164 So. 681. The parties…
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