MINNEHAHA GROVES COMPANY, AND CHESTER KENNISON, AND VERONA KENNISON, HIS WIFE, APPELLANTS,
v.
W. C. HARPER, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree for specific performance of a real estate contract, finding that the vendor's conveyance to another party did not negate the vendee's right to performance.
The court held that the vendor's subsequent conveyance to another party did not preclude the original vendee from seeking specific performance of the contract.
“This suit is for specific performance of a contract to convey real estate.”
Describes the nature of the lawsuit.
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Join FLexlaw to unlock all legal intelligenceThe vendee made a partial payment and took possession of real estate under a contract to convey. While the vendor delayed, the property was conveyed t…
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Per Curiam.
This suit is for specific performance of a contract to convey real estate. Part payment of the agreed purchase price was receipted for and possession delivered to the vendee. During the period of delay which ensued the premises were conveyed to another. Whereupon this suit was instituted, resulting in a decree for eomplaintant.
It does not clearly appear that time was of the essence of the contract originally, nor that it was made so by subsequent notice to the vendee to perform it, nor that the vendor before suit offered to perform and the vendee defaulted in performance.
The decree is affirmed upon authority of Felt v. Morse, 80 Fla. 154, 85 South. Rep. 656, and Forssell v. Carter, 65 Fla. 512, 62 South. Rep. 926.
Affirmed.
West, C. J., and Whitfield, Ellis, Terrell and Strum, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Felt v. Morse, 80 Fla. 154 (Fla. 1920)
- Forssell v. Carter, 65 Fla. 512 (Fla. 1913)