GEORGE NAILS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
GEORGE NAILS, PLAINTIFF IN ERROR,
THE STATE OF FLORIDA, DEFENDANT IN ERROR
106 Fla. 884
Florida Supreme Court (1932)
Caution
Also reported at: 143 So. 759 · 141 So. 729
Cited by 39 cases
Opinion of the Court
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment 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 judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Buford, C.J. and Ellis and Brown, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Sisco v. Rotenberg, 104 So. 2d 365 (Fla. 1958)…pert, 93 Fla. 954, 113 So. 100; and Martin v. Albee, 93 Fla. 941, 113 So. 415. Nor does equity require one to do useless or futile acts to obtain relief to which one is otherwise entitled. Standard Lumber Co. v. Florida Industrial Co., 106 Fla. 884, 141 So. 729. “So the case here is one where there is an unambiguous option to renew provision and option to purchase provision contained in the lease agreement. The option to renew expressly provides without exception or qualification that the extended period…1 / 2
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Howard Cole & Co., Inc. v. Sallie Williams and Zibe Williams and Executor of the Last Will and Testament of F. H. Williams, 157 Fla. 851 (Fla. 1946)…erformance. This means mutuality of remedy in equity at the time of the filing of the bill is required and does not mean mutuality in the terms of the contract when the contract was made. See Standard Lumber Co. v. Fla. Industrial Co., 106 Fla. 884, 141 So. 729; Yale Investment Co., v. Williams, 105 Fla. 414, 141 So. 308; Vance v. Roberts, 96 Fla. 379, 118 So. 205. It appears quite certain from the terms of the contract and bill of complaint that if it had been advantageous for the party of the first part…
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Wayne H.L. Rohlfing v. Tomorrow Realty & Auction Co., Inc., 528 So. 2d 463 (Fla. 5th DCA 1988)…also held that her action in joining in the suit for specific performance “amounted to an offer of performance by her creating mutual [*468] ity of remedy at the time of the filing of the suit,” citing Standard Lumber Co. v. Florida Industrial Co., 106 Fla. 884, 141 So. 729, 732, (1932) where the supreme court said: So far as the principle of mutuality is involved as a prerequisite to the maintenance of the suit, it is mutuality of remedy in equity at the time of the filing of the bill that is required, a…
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