TROPIC-AIR DEVELOPMENT COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
PAUL ROSEN, APPELLEE
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A real estate seller appeals a judgment granting specific performance of a contract to sell a furnished apartment building. The court affirmed, rejecting the seller's arguments that the contract was ambiguous regarding assets, that the buyer came to equity with unclean hands, and that the court improperly deferred the intervenor-broker's claim.
The court affirmed the specific performance decree, holding that the contract was not ambiguous given that the parties had examined the three types of apartments and their furnishings, that substantial competent evidence supported the trial court's factual findings on the unclean hands issue, and that the trial court did not abuse its discretion in deferring the broker's claim.
[1] A contract for the sale of furnished apartments is not rendered ambiguous by the absence of a detailed inventory when the parties have examined the types of apartments an…
[2] A court of equity may resolve an "unclean hands" defense against a party where substantial, competent evidence supports the resolution.
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Join FLexlaw to unlock all legal intelligence“this property being sold furnished as per the attached and accepted inventory”
Contract language establishing that the property was to be sold furnished, demonstrating the parties' intent despite lack of written inventory
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Join FLexlaw to unlock all legal intelligenceTropic-Air Development Company contracted to sell an apartment building in Dade County to Paul Rosen. The contract stated the property was being sold …
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Defendant-appellant Tropic-Air Development Company (seller) seeks review of a final decree granting specific performance of a written contract to purchase an apartment building in Dade County. The cause was tried without a jury. Appellant filed an interlocutory appeal and an appeal from a final decree, which have been consolidated for appellate purposes. There was a prior interlocutory appeal taken by the parties, Tropic-Air Development Company v. Rosen, Fla.App.1969, 222 So.2d 290.
Defendant-appellant contends that the court erred in granting specific performance. The grounds argued for reversal are: (1) the contract was ambiguous as to the assets being sold; (2) plaintiff came into equity with unclean hands because of an alleged fraudulent misrepresentation made to the intervenor-broker respecting this transaction; and (3) the court deferred consideration of the intervenor-bro-ker’s claim and refused to admit evidence as to that claim.
A provision in the contract was that: “this property being sold furnished as per the attached and accepted inventory.” Another clause provided that: “all 43 apartments fully furnished.” There was no inventory prepared.
As to the first point, under the circumstances of this case, the contract was not ambiguous, particularly where the parties examined the three types of apartments and their furnishings.
The record reveals a conflict in testimony as to the alleged unclean hands. The record similarly reveals substantial, competent evidence to support the chancellor’s resolution of that issue adverse to the appellant.
As to the third point, the chancellor did defer the intervenor’s claim until after a resolution of the merits. We cannot say that this was so unusual as to constitute reversible error, particularly in view of the chancellor’s statement that the appellant-seller would not be liable for real estate brokerage fees if the intervenor prevailed upon his claim. We therefore express the view that the chancellor did not abuse his discretion in deferring the inter-venor's claim. Rule 1.270(b), Florida Rules of Civil Procedure, 30 F.S.A.
For the reasons stated, the final decree herein appealed is affirmed.
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Johnson v. Johnson, 454 So. 2d 797 (Fla. 4th DCA 1984)…e allowed to finally adjudicate all issues relevant to distribution of marital property in one proceeding, we find that the refusal to consolidate amounted to an abuse of discretion and reverse on this point. Cf. Tropic-Air Development Co. v. Rosen, 248 So. 2d 537 (Fla. 3d DCA 1971), cert, denied, 252 So. 2d 800 (Fla.1971). The wife further argues on appeal that the trial court erred in failing to order a partition of the marital home. We disagree. The wife’s petition for dissolution requested the court to p…
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Tropic-Air Dev. Co. v. Rosen, 252 So. 2d 800 (Fla. 1971)…Certiorari denied. 248 So. 2d 537. CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…
Authorities Cited
- Tropic-Air Dev. Co. v. Rosen, 222 So. 2d 290 (Fla. 3d DCA 1969)
- Cohen v. Cohen, 222 So. 2d 290 (Fla. 3d DCA 1969)