JOSEPH SANLEY
v.
THE ARMTON CORPORATION, A CORPORATION
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The Florida Supreme Court affirmed a lower court's dismissal of a suit for specific performance, finding the bill of complaint lacked equity. The court noted the defendant's unclear title and the complainant's failure to allege consideration or possession.
No, such a bill of complaint lacks equity and is subject to dismissal. The complainant must allege sufficient facts to demonstrate a right to equitable intervention.
“even if there be a binding contract to convey definitely described land, it appears by the bill of complaint that the defendant has not a clear and unincumbered title to the land”
Establishes a key factual deficiency regarding the defendant's title, undermining the claim for specific performance.
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Join FLexlaw to unlock all legal intelligenceThe complainant filed suit for specific performance of a contract to convey land. The bill of complaint alleged the defendant did not have clear title…
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In this suit for specific performance, even if there be a binding contract to convey definitely described land, it appears by the bill of complaint that the defendant has not a clear and unincumbered title to the land, and that complainant demands “a good and sufficient deed of conveyance for the land,” or, as an alternative, that complainant, be decreed a first lien on the land for expenditures made in grubbing and clearing weeds and other debris from the land, though it is not alleged he had been given possession of the-land or permission to clear it, and it is not alleged that complainant paid any consideration whatever for the contract or the land, therefore the decree dismissing the bill of complaint upon motion for lack of equity is affirmed.
*525Affirmed.
Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.
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Mallory v. O'Neil, 69 So. 2d 313 (Fla. 1954)…octrine the negligence of the employer is immaterial since this Court is committed to the rule that if the employee is not liable the employer is not liable. Williams v. Hines, 80 Fla. 690, 86 So. 695; International Shoe Co. v. Hewitt, 123 Fla. 587, 167 So. 7. The allegations of the complaint are entirely inadequate to charge the defendant with liability under the doctrine of respondeat superior. Other jurisdictions have considered the negligence of the master in knowingly keeping a dangerous-servant on…
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Weiss v. Jacobson, 62 So. 2d 904 (Fla. 1953)…sing out of the negligent acts of his employee, if such acts were done within the scope of the employee’s authority as such. They cite Orr v. Avon Florida Citrus Corporation, 130 Fla. 306, 177 So. 612; International Shoe Co. v. Hewitt, 123 Fla. 587, 167 So. 7, and rely confidently upon our opinion in Stinson v. Prevatt, 84 Fla. 416, 94 So. 656, 657. Counsel quote the following paragraph taken from the latter -case: “As a general rule under the prin- ' ciples of the common law an employer is liable in da…
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