Smitz v. Wright
Supreme Court of Florida
Appealed from the Circuit Court- for' Pinellas County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtWhitfield, C. J.
The appellant brought a bill in equity against the appellees to enforce the specific performance of a contract for the conveyance of real estate. A demurrer interposed by the two married women was sustained, and Smitz appealed.
At common law a mere contract made by a married woman for the conveyance. of real estate, could not be specifically enforced for the reason that such contracts of a married woman are void.
Section 2594 of the General Statutes provides that “Coverture shall not prevent a decree against husband and wife to specifically perform their written agreement to sell or convey the…
2Cases cited2 opinions
- Maloy v. BoyettSupreme Court of Florida · 1907
- Rose v. HendersonSupreme Court of Florida · 1912
3Cited by9 opinions
- Blood v. HuntSupreme Court of Florida · 1929
- Catts v. Tampa & Jacksonville Railway Co.Supreme Court of Florida · 1918
- Clark v. AndrewDistrict Court, S.D. Florida · 1925
- Atlantic Coast Line Railroad v. City of LakelandSupreme Court of Florida · 1927
- Ex Parte AmosSupreme Court of Florida · 1927
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