J. W. CHILES, ET AL., APPELLANTS,
v.
R. J. STRAW, APPELLEE
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This case involves a contract dispute where the Florida Supreme Court affirmed the lower court's decision to overrule a general demurrer to a bill of complaint. The court found that equity appeared in the allegations, suggesting the remedy at law might not be adequate.
No, the lower court did not err in overruling the general demurrer. Equity appears in the allegations of the bill of complaint, indicating that the remedy at law may not be adequate.
“The appellee brought suit to enforce the specific performance of a contract made for the sale of a stock of merchandise and a mercantile business in exchange or payment for an orange grove, there being mutal agreements as to assuming and discharging existing claims of creditors and as to transferring securities in accomplishing the transaction.”
Describes the core transaction and subject matter of the lawsuit.
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Join FLexlaw to unlock all legal intelligenceThe appellee filed a lawsuit seeking specific performance of a contract involving the exchange of a merchandise stock and business for an orange grove…
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Whitfield, J.
The appellee brought suit to enforce the specific performance of a contract made for the sale of a stock of merchandise and a mercantile business in exchange or payment for an orange grove, there being mutal agreements as to assuming and discharging existing claims of creditors and as to transferring securities in accomplishing the transaction. An injunction was also prayed.
The allegations of the bill of complaint and the prayers clearly indicate that the remedy at law is not adequate, and without expressing an opinion as to the relief that should be granted if the allegations are duly proven, equity appears to be in the allegations, therefore, no error was committed in overruling a general demurrer to the bill of complaint from which order this appeal was taken.
Affirmed.
Shackleford, O. J., and Taylor, Cockrell and Hocker, J. J., concur.
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