Potts v. Moran's Executors

Opinion op the Court by

Judge Clay

Affirming.

In the fall of 1925, Thomas W. Moran entered into a written contract by the terms of which he agreed to sell to E. B. Potts approximately 1,037 acres of land in Seminole county, Fla., at the price of $30 an acre. Moran declined to carry out the contract on the ground that his wife, Ella Moran, refused to unite in a deed conveying the property. Thereupon Potts brought this suit to recover $36,295, it being the difference between the contract price and the price at which he claimed he had sold the property. During the progress of the action Moran died…