Crouch v. Williams

I am in full accord with that part of the majority opinion holding that the purchase agreement exacts a penalty in the guise of an agreement covering liquidated damages accruing to the sellers in the event of buyers’ default.

It is only in deference to the rule of stare decisis that I concur in the conclusion that the chancellor did not err in denying the buyers’ prayer for rescission of the purchase agreement. The two Florida decisions factually in point and supporting the decree in that particular1 involve easements that upon casual inspection were clearly recognizable as such and as being…