Chaney v. Brown

ADAMS, J.:

Upon petition for certiorari under Rule 34 we review an order denying a motion to dismiss a bill seeking specific performance.

The question is whether the receipt, endorsement and cashing of the following check is a sufficient written contract to support a suit for specific performance of a contract to sell real estate:

“THE HILLSBOROUGH STATE BANK 63-98

Plant City, Fla. 2-29 1944 No.

PAY TO THE ORDER OF Mrs. Mary A. Chaney $100.00 One-hundred and xx/100....................DOLLARS

FOR cash payment on hbouse & lot, /s/ J. Martin Brown 701 So. Collins St. $900 bal. payable on possession”

Spe…