BURDINES, INC., A CORPORATION UNDER THE LAWS OF THE STATE OF FLORIDA,
v.
CITY OF FORT LAUDERDALE, A MUNICIPAL CORPORATION
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The Florida Supreme Court affirmed a lower court's decree ordering specific performance of a contract for the sale of city-owned property. The court found the city had provided a merchantable title, despite the buyer's objections.
Yes, the court held that the City provided a merchantable title and was entitled to specific performance of the contract.
“On November 2, 1944, the chancellor entered a final decree wherein he made specific findings of law and fact from which he concluded that the equities were with the City and thereupon decreed that Burdines, Incorporated, be required to perform the contract.”
Describes the lower court's ruling in favor of the City.
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Join FLexlaw to unlock all legal intelligenceBurdines, Inc. contracted to purchase several lots from the City of Fort Lauderdale. The City agreed to deliver a merchantable title, with specified e…
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Burdines, Incorporated, entered into an agreement with the City of Fort Lauderdale whereby the City was to sell to Burdines several lots which had been owned by the City and used for many years as a site for the city hall, fire station and other municipal purposes.
The contract required the City to deliver a merchantable title to the property with certain exceptions which were assented to. A difference arose as to whether the title was good, whereupon the City sued for specific performance and an issue was made on the several objections to the title.
On November 2, 1944, the chancellor entered a final decree wherein he made specific findings of law and fact from which he concluded that the equities were with the City and thereupon decreed that Burdines, Incorporated, be required to perform the contract.
*412From that decree this appeal is prosecuted. We have considered all' questions presented and it appears that the decree is proper and no new questions of law being involved the decree is affirmed.
CHAPMAN, C. J., TERRELL, BROWN and BUFORD, JJ., concur.
THOMAS and SEBRING-, JJ., agree to conclusion.