JAMES E. HAGAN AND JOHN HAGAN, APPELLANTS,
v.
J. E. BOWDOIN, APPELLEE
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The Florida Supreme Court affirmed the cancellation of a land sale contract but reversed the lower court's award for improvements, remanding for a recalculation of just allowances for permanent improvements and property preservation.
The court affirmed the cancellation of the contract but reversed the decree regarding allowances for improvements and the lien, ordering a proper decree for just allowances for permanent improvements and preservation of the property.
“Upon consideration it is ordered and decreed that the decree appealed' from is affirmed as to the cancellation of the contract; and as to the allowances for improvements and the lien decreed therefor the decree is reversed' for a proper decree for amounts covering just allowances for permanent improvements made and for preservation of the property.”
This quote encapsulates the court's dual decision to affirm the contract cancellation while reversing and remanding the portion concerning improvement allowances and liens.
Appellants (complainants) sued for cancellation of a land sale contract. The Chancellor decreed cancellation and, on the appellee's (defendant's) coun…
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[*526] Per Curiam.
This suit-is for the cancellation of a contract for the sale of land. The Chancellor decreed a cancellation and on a counter claim for improvements put upon the land set up in the answer, the Chancellor allowed the defendant large amounts for improvements put upon the property while in possession under the contract, and decreed a lien for the amount so allowed. The complainants appealed and assign errors on the allowances for improvements made on the land and the lien therefor as decreed.
Upon consideration it is ordered and decreed that the decree appealed' from is affirmed as to the cancellation of the contract; and as to the allowances for improvements and the lien decreed therefor the decree is reversed' for a proper decree for amounts covering just allowances for permanent improvements made and for preservation of the property.
It is so ordered.
All concur.