Legal Opinion · Dissent

Carter v. Gilbert

Supreme Court of Florida

Decided May 13, 1930Published

1DissentBrown, J.

I very much doubt the authority of Mrs. Gilbert, as executrix of the estate of her deceased husband, to assign the contract of purchase of the real estate in question. This contract was executed on November 1,1922, by and between George E. Merrick and wife as parties of the first part and Charles H. Gilbert as party of the second part. By this contract, Merrick agreed to sell and convey to Gilbert a certain house and lot for $8,300.00, $705.47 being paid in cash and the balance of $7,594.53 payable at the rate of $60.00 per month. The contract contained the usual forfeiture clause in case of…

2Cases cited11 opinions

  1. Lewis v. HawkinsSupreme Court of the United States · 1875
  2. Whiteside v. JacksonNew York Supreme Court · 1828
  3. Felt v. MorseSupreme Court of Florida · 1920
  4. Dehuy v. OsborneSupreme Court of Florida · 1928
  5. Insurance Co. of North America v. EricksonSupreme Court of Florida · 1905

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