HARRY A. CORNBLUM
v.
DORA EISENBERG, JOINED BY HER HUSBAND, JULIUS EISENBERG

Fla. | 1948-05-14
THOMAS, C. J., ADAMS, SEBRING and BARNS, JJ., and WISEHEART, Associate Justice, concur., TERRELL and CHAPMAN, JJ., dissent.
160 Fla. 477 Florida Supreme Court (1948) Positive Treatment
Also reported at: 36 So. 2d 211
Cited by 18 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

A rehearing having been granted in this cause and the cause having been further considered upon the record and the briefs and argument of counsel for the respective parties; it is thereupon ordered and adjudged by the court that the opinion and judgment of this court filed in this cause on December 16, 1947 be and is hereby reaffirmed and adhered to on rehearing.

THOMAS, C. J., ADAMS, SEBRING and BARNS, JJ., and WISEHEART, Associate Justice, concur.

TERRELL and CHAPMAN, JJ., dissent.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (18 total)

  • Stalley v. Transitional Hosps. Corp. OF Tampa, Inc., 44 So. 3d 627 (Fla. 2d DCA 2010)
    …57, 58 (Fla. 5th DCA 1992). While ratification need not be expressed in words, there must be some intelligent act or conduct of the principal, “made with a full knowledge of the facts, which clearly shows an intention to be bound.” Perper v. Edell, 160 Fla. 477, 35 So. 2d 387, 390 (1948). Thus, like waiver, ratification cannot be presumed simply by the principal’s lack of action. Here, the evidence presented by Kindred did not establish that Roderic was ever informed — much less fully informed — of the ar…
  • Hollywood Mall, Inc. v. Capozzi, 545 So. 2d 918 (Fla. 4th DCA 1989)
    …the contract to establish a prima facie case for specific performance. Glare v. Brandlein, 196 So. 2d 780 (Fla. 4th DCA 1967). What must the purchaser show to prove that he was “ready, willing, and able” to perform the contract? In Perper v. Edell, 160 Fla. 477, 35 So. 2d 387 (1948) the Supreme Court stated that “(Financially) ‘able’ means that the proposed purchaser is able to command the necessary money to close the deal on reasonable notice or within the time stipulated by the parties.” Although Perper…
  • Taylor v. Richards, 971 So. 2d 127 (Fla. 4th DCA 2007)
    …that a prospective purchaser of property is ready, willing and able to buy, the purchaser must show that he is able to command the necessary money to close the deal on reasonable notice or within the time stipulated, by the parties. Perper v. Edell, 160 Fla. 477, 485, 35 So. 2d 387 (1948); see also Sticht v. Shull, 543 So. 2d 395, 396 (Fla. 4th DCA 1989) (citations omitted) (stating that spe cific performance may be required of a seller of real property only where a .prospective purchaser can command the re…

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