Heights Land Co. v. Swengel's Estate

Opinion by

Mr. Justice Schaffer,

This action of assumpsit was brought to recover the balance of the purchase price of real estate located in the State of Florida. To the statement of claim filed, in which the written contract of sale was embodied, the defendant executors filed an affidavit of defense in the nature of a demurrer. The court below concluded that, owing to the long lapse of time before suit brought, and plaintiff not having averred the tender of a deed, or any facts which would relieve it of a tender, no sufficient cause of action was set forth and entered judgment for defendants,…