JOHN D. KIRKLAND AND STELL KIRKLAND, APPELLANTS,
v.
Z. HUTTO AND BONAH JOHNSON, APPELLEES
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The Florida Supreme Court affirmed a lower court's decision enforcing a contract to convey land, holding that the evidence supported the chancellor's findings of fact.
No, the evidence was ample to sustain the decree, and the appellate court will not disturb the chancellor's findings of fact unless clearly erroneous.
“The evidence was taken orally before the Court, who found in complainants’ favor and entered a final decree directing defendants to execute and deliver to the complainants a deed in fee simple for the premises.”
Describes the lower court's decision and action.
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Join FLexlaw to unlock all legal intelligenceComplainants sued for specific performance of a land conveyance contract. The defendants denied performance, asserting the purchase price was unpaid. …
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Per Curiam.
This is a suit to enforce the specific performance of a contract to convey land. The defendants by answer denied performance by complainants and specifically averred that the agreed purchase price had not been paid. The evidence was taken orally before the Court, who found in complainants’ favor and entered a final decree directing defendants to execute and deliver to the complainants a deed in fee simple for the premises.
Questions of fact only are presented by the assignments of error. There is ample evidence to sustain the decree and the ease is well within the familiar principle that the findings of the chancellor on the facts will not be disturbed by an appellate court unless such findings are clearly shown to be erroneous. Kreher v. Morley, 84 Fla. 121, 92 South. Rep. 686; Smith v. Dowling, 81 Fla. 867, 89 South. Rep. 315; Travis v. Travis, 81 Fla. 309, 87 South. Rep. 762; Commercial Bank of Ocala v. First National Bank, 80 Fla. 685, 87 South. Rep. 315; Hill v. Beacham, 79 Fla. 430, 85 South. Rep 147.
Affirmed.
Taylor, C. J., and Whitfield, Ellis, Browne and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gus' Bath, Inc. v. Lightbown, 133 So. 85 (Fla. 1931)…of facts, there is a well recognized rule that the findings of a chancellor on the facts will not be disturbed by an appellate court unless such findings clearly appear to be erroneous. Sirkin v. Schupler, 90 Fla. 68, 105 So. 151; Kirkland v. Hutto, 85 Fla. 82, 95 So. 429. Smith v. Hollingsworth, 85 Fla. 431, 96 So. 394; Smith v. Dowling,81 Fla. 867, 80 So. 315; Commercial Bank of Ocala v. First Nat. Bank of Gainesville, 80 Fla. 685, 87 So. 315; Hill v. Beacham,79 Fla. 430, 85 So. 147. It is for the above…
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City of Venice v. State, 96 Fla. 527 (Fla. 1928)…Fla. 191, 74 So. R. 216; Guggenheimer v. Davidson, 74 Fla. 485, 77 So. R. 266; Simpson v. First National Bank, 74 Fla. 539, 77 So. R. 204; Whidden v. Rogers, 78 Fla 93, 82 So. R. 611; Kreher v. Morley, 84 Fla. 121, 92 So. R. 686; Kirkland v. Hutto, 85 Fla. 82, 95 So. R. 429 Phillips v. Howell, 88 Fla. 280, 102 So. R. 157. The decree should be affirmed.…
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Jacksonville Props., Inc. v. Manhattan Beach Co., 102 Fla. 839 (Fla. 1931)…ed of. The decree should, therefore, be affirmed. Kreher vs. Morley, 84 Fla. 121, 92 Sou. 686, and cases there cited; Lassiter vs. Long, 85 Fla. 439, 96 Sou. 841; Summers vs. Apalachicola Northern Ry. Co., 85 Fla. 9, 96 Sou. 151; Kirkland vs. Hutto, 85 Fla. 82, 95 Sou. [*840] 429; Morton vs. Baya, 88 Fla. 1, 102 Sou. 361; Sirkin vs. Schupler, 90 Fla. 68, 105 Sou. 151. It is so ordered. Affirmed. Buford, C.J., and Whitfield, Brown and Davis, J.J., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travis v. Sim Travis, 81 Fla. 309 (Fla. 1921)
- The Commercial Bank of Ocala v. The First Nat'l Bank of Gainesville, 80 Fla. 685 (Fla. 1920)
- Hill v. Braxton Beacham and Berta Beacham, 79 Fla. 430 (Fla. 1920)
- Smith v. Dowling, 81 Fla. 867 (Fla. 1921)
- Kreher v. Morley, 84 Fla. 121 (Fla. 1922)