RUBY HUDSON JONAS, APPELLANT,
v.
GEORGE H. HUDSON, APPELLEE
RUBY HUDSON JONAS, APPELLANT,
GEORGE H. HUDSON, APPELLEE
63 So. 2d 194
Florida Supreme Court (1953)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The decree is affirmed so far as it dismissed the discretionary decree of specific performance and that part of it providing for a judgment is also affirmed because it is not attacked by cross assignment of error; but the right is reserved to the appellant to sue for the installments prescribed in the deed of trust mentioned in the agreement of the parties dated June 11, 1946, and not included in the judgment.
HOBSON, C.J., and THOMAS, ROBERTS and DREW, JJ., concur.
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Falnes v. Kaplan, 101 So. 2d 377 (Fla. 1958)…So. 2d 193; and that the court erred in rejecting the charge, Miller v. Ungar, 149 Fla. 79, 5 So. 2d 598. We have also held that such a charge should not be given “unless the evidence clearly ■demonstrates its applicability.” Yousko v. Vogt, supra [63 So. 2d 194]. Although certain elements necessary to the applicability of the doctrine have been defined, our re-examination of decisions on the subject confirms the view that no definite rule can be stated with reference to factual situations in which the cha…
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Alton LOY v. State, 87 So. 2d 501 (Fla. 1956)…PER CURIAM. Reversed under the authority of Aldridge v. State, Fla.1953, 63 So. 2d 194; Allen v. State, 1934, 117 Fla. 163, 157 So. 341 and Neumann v. State, 116 Fla. 98, 156 So. 237. DREW, C. J., and THOMAS, ROBERTS and O’CONNELL, JJ., concur.…