Smalley v. Sovereign Finance Co.

The court below over-ruled general and special demurrers to a bill of complaint seeking foreclosure against vendees for the purchase price of lands which had been bought by appellee under a typical real estate sales contract common to land transactions in Florida during the days of the now vanished “boom”.

The only point of law presented by the appeal which merits discussion is whether tender of a deed by vendor before suit for foreclosure of a vendor’s lien is a condition precedent to a suit in equity against the vendee in possession, as distinguished from an action for specific performance…