HENRY C. MERRILL, APPELLANT,
v.
CARL P. BARNES AND MARY E. BARNES, HIS WIFE, JOSEPH D. FEHER AND GUNNER M. NELSON, APPELLEES
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The Florida Supreme Court affirmed a lower court's decision dismissing a bill of complaint seeking specific performance of a real estate contract. The court held that such decisions are within the chancellor's discretion and will not be overturned on appeal unless clearly erroneous.
No, the appellate court should not disturb the chancellor's decision unless it is clearly erroneous. The court affirmed the dismissal.
“Applications to enforce specific performance of contracts for the sale of land are addressed to the sound judicial discretion of the chancellor, such discretion to be controlled by the principles of law and equity as applied to the facts and circumstances of the particular case, and when thus controlled his decision will not be disturbed on appeal unless clearly erroneous.”
This quote establishes the standard of review for specific performance cases.
A bill of complaint was filed to enforce specific performance of a real estate contract. The defendants filed an answer alleging fraud in the procurem…
The full statement of facts, procedural history, and disposition for this case are member content.
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Per Curiam.
Bill of Complaint was filed seeking to enforce specific performance of a contract for the purchase and sale of real estate. Answer was filed alleging fraud in obtaining the contract. Testimony was taken before a Master. The chancellor found in favor of defendants and dismissed the bill. Complainants appealed.
Applications to enforce specific performance of contracts for the sale of land are addressed to the sound judicial discretion of the chancellor, such discretion to be controlled by the principles of law and equity as applied to the facts and circumstances of the particular case, and when thus controlled his decision will not be disturbed on appeal unless clearly erroneous. (Dixie Naval Stores Co. v. German-American Lumber Co., 76 Fla. 339, 70 So. 836; Chabot v. Winter Park Co., 34 Fla. 258, 15 So. 756; Richardson v. Varn, 80 Fla. 517, 86 So. 503; Murphy v. Hohne, 73 Fla. 803, 74 So. 973, cited.) Gautier v. Bradway, 87 Fla. 193; 99 So 879.
Affirmed.
Whitfield, P. J., and Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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White v. Cohn, 137 Fla. 501 (Fla. 1939)…29, 67 So. 877; Drake Lbr. Co. v. Branning, 66 Fla. 543, 64 So. 263; Rose v. Henderson, 63 Fla. 564, 59 So. 138; Chabot v. Winter Park Co., 34 Fla. 258, 15 So. 756; 43 Am. St. Rep. 192; Richardson v. Varn, 80 Fla. 517, 86 So. 503; Merrill v. Barnes, 94 Fla. 882, 114 So. 527; Martin v. Albee, 93 Fla. 941, 113 So. 415; Bowling v. National Convoy, etc., Co., 101 Fla. 634, 135 So. 541; L’Engle v. Overstreet, 61 Fla. 653, 55 So. 381. We have carefuly considered each assignment presented, read the testimony app…
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McCay v. Seaver, 98 Fla. 710 (Fla. 1929)…complainant’s original bill of complaint, the amended bill of complaint and the second amended bill of complaint do not constitute a contract between the parties which could be specifically enforced in equity. ’ ’ In the case of Merrill v. Barnes, 94 Fla. 882, 114 So. R. 527, this Court say: “Applications to enforce specific performance of contracts for the sale of land are addressed to the sound judicial discretion of the chancellor, such discretion to be controlled by the principles of law and equity…
Authorities Cited
- Cilabot v. The Winter Park Co., 34 Fla. 258 (Fla. 1894)
- Gautier v. Bradway, 87 Fla. 193 (Fla. 1924)
- Murphy v. Hohne, 73 Fla. 803 (Fla. 1917)
- Dixie Naval Stores Co. v. German-American Lumber Co., 76 Fla. 339 (Fla. 1918)
- Josiah Richardson v. Varn, 80 Fla. 517 (Fla. 1920)