Maloy v. Boyett
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Santa Rosa County. STATEMENT. On the 7th day of July, 1902, William Boyett filed his amended bill for specific performance of a contract to convey real estate. So much of the bill as it is necessary to quote here is as follows: • “2nd.
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This case was decided by Division B. Appeal from the Circuit Court for Santa Rosa County. STATEMENT. On the 7th day of July, 1902, William Boyett filed his amended bill for specific performance of a contract to convey real estate. So much of the bill as it is necessary to quote here is as follows: • “2nd. That on the 3rd day of December, A. D. 1901, the respondent, J. L. Maloy, made and entered into an agreement with yo.ur orator, in which he agreed to convey to your orator by deed, the following described lands, to wit: S. W. £ and W. £ of S. E. £ of Sec. 12, Tp. 2 N., Rg. 26 W., less 15.77…
1Opinion of the Court
.Parkhill, J.
(after statmg the facts) : The first assignment of error is, that the court erred in overruling the demurrer to the amended bill of complaint.
The demurrer was filed to the original bill of complaint, and it was afterwards made to apply to the amended bill. The amended bill cured nearly all the defects pointed out in the original bill.
It is contended that the court erred in overruling the demurrer because, in the amended bill of complaint the allegation of the consideration for the contract is vague, indefinite and uncertain, and shows that the complainant had paid the entire…
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