Falsten Realty Co. v. Kirksey

The Falsten Realty Company, complainant in the Court below, entered into a contract to sell certain property in Dade County to J. H. Palmer, J. E. Kirksey, W. H. Hamilton and J. C. Sasser. On the date set for performance, the purchasers did not make the payments required by the terms of the contract of sale, and Falsten Realty Company, by making tender of deed and demanding performance, put purchasers in default.

This circumstance led to the situation hereinafter outlined, which forms the basis of this appeal from an order of the chancellor overruling exceptions to, and motions to strike,…