Straub v. Clark

The trial court denied plaintiff purchaser’s petition for specific performance of a contract pertaining to the sale of realty. We affirm.

“The rule in Florida is settled that in a suit for specific performance of an alleged contract for the sale of real property, a plaintiff must do more than prove by a preponderance of the evidence that he is entitled to some relief. He must prove the contract as alleged in his complaint by competent and satisfactory proof which must be clear, definite and certain.” Tumulty v. Severdija, Fla.App.1970, 233 So.2d 837, 839. See also 29A Fla.Jur., Specific…