J. A. CANTOR AND L. A. TUTTLE, DOING BUSINESS UNDER THE NAME AND STYLE OF THE CANTOR-TUTTLE COMPANY, APPELLANTS,
v.
H. F. GALLOWAY, APPELLEE
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The Florida Supreme Court affirmed a lower court's decision to dismiss a bill of complaint seeking specific performance of a lease contract. The court found the alleged contract lacked essential terms required for enforceability.
No, the alleged contract lacked some of the material elements required for a contract to lease or sell lands, making it unenforceable.
“among others it must be definite as to essential terms and provisions.”
This quote establishes the legal standard for a contract to lease or sell lands.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants sought specific performance of a ninety-nine year lease contract based on a letter from the appellee. The trial court sustained a demurrer …
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Terrell, C. J.
This suit was brought in the circuit Court of Dade County to enforce specific performance of a contract for a ninety-nine year lease. A demurrer to the bill was sustained, the bill was dismissed and appeal was taken from that order. The terms of the alleged contract were embraced in a letter dated February 27, 1925, addressed to the appellant and signed by appellee. In Daubmyre v. Hunter, 86 Fla. 326, 98 So. R. 69, .this Court indicated some of the essentials of a contract to lease or sell lands among others it must be definite as to essential terms and provisions. If there was, in fact, a contract for the lease in the instant case an examination of the record discloses that it was lacking in some of the material elements of such a contract as defined in Daubmyre v. Hunter, supra.
In this view of the case the decree of the chancellor must be and is hereby affirmed.
Affirmed.
Ellis and Brown, J. J., concur. Whitfield, P. J., and Buford, J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The BAY Club, Inc. v. Brickell BAY Club, Inc., 293 So. 2d 137 (Fla. 3d DCA 1974)…eement between parties to execute a lease on real property must be certain as to the terms of the intended lease in order to be specifically enforced. Hotel Halcyon Corp. v. Miami Real Estate Co., 89 Fla. 156, 103 So. 403 (1925); Cantor v. Galloway, 97 Fla. 258, 120 So. 354 (1929). After a careful scrutiny of the agreement to lease in the instant case, we conclude that the terms thereof do not meet the required certainty to be specifically enforced. The leased area in the agreement is described simply as…
Authorities Cited
- Daubmyre v. Hunter, 86 Fla. 326 (Fla. 1923)