Minnehaha Groves Co. v. Harper

Supreme Court of Florida

Minnehaha Groves Co. v. Harper

105 So. 100, 90 Fla. 37, 1925 Fla. LEXIS 510

DecidedJune 13, 1925

StatusPublished

This text of 105 So. 100 (Minnehaha Groves Co. v. Harper) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minnehaha Groves Co. v. Harper, 105 So. 100, 90 Fla. 37, 1925 Fla. LEXIS 510 (Fla. 1925).

Pincite

Opinion

Per Curiam.

This suit is for specific performance of a contract to convey real estate. Part payment of the agreed purchase price was receipted for and possession delivered to the vendee. During the period of delay which ensued the premises were conveyed to another. Whereupon this suit was instituted, resulting in a decree for eomplaintant.

It does not clearly appear that time was of the essence of the contract originally, nor that it was made so by subsequent notice to the vendee to perform it, nor that the vendor before suit offered to perform and the vendee defaulted in performance.

The decree is affirmed upon authority of Felt v. Morse, *38 80 Fla. 154, 85 South. Rep. 656, and Forssell v. Carter, 65 Fla. 512, 62 South. Rep. 926.

Affirmed.

West, C. J., and Whitfield, Ellis, Terrell and Strum, J. J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI