Shouse v. Doane
Supreme Court of Florida
Appeal from the Circuit; Court for Clay county. STATEMENT. This was a bill for specific performance originally filed April 4, 1889, by appellant and his wife Marie E. Shouse, against the appellee in the Circuit Court of Clay county, and subsequently, after the death of' the said Marie E., revived in the name of the present-appellant, in his own right, and as administrator of her estate.
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Appeal from the Circuit; Court for Clay county. STATEMENT. This was a bill for specific performance originally filed April 4, 1889, by appellant and his wife Marie E. Shouse, against the appellee in the Circuit Court of Clay county, and subsequently, after the death of' the said Marie E., revived in the name of the present-appellant, in his own right, and as administrator of her estate. The contract sought to be specifically enforced was in the following language: This agreement made in duplicate this the twenty-seventh day of Nov., A. X). 1884, by and between Daniel Doane, of-Brooklyn, in…
1Opinion of the Court
Carter, J.:
On the pleadings and testimony we think the court below should have granted the prayer for specific performance. It is contended on behalf of appellee, first, that the payment of the last note and taxes was a -condition precedent which had to be performed by complainant before he was in a condition to demand a deed to the premises; second, that time was of the essence of the contract, and therefore a failure to perform any stipulation promptly, on the day same was required by the agreement to be performed, forfeited all claims to a conveyance under the contract; third, that no…
2Cases cited9 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
- Smith v. LewisSupreme Court of Connecticut · 1857
- Clark v. WeisIllinois Supreme Court · 1877
- Dana v. St. Paul Investment Co.Supreme Court of Minnesota · 1889
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- Bay Management, Inc. v. Beau Monde, Inc.District Court of Appeal of Florida · 1978
- Philpot v. BouchelleDistrict Court of Appeal of Florida · 1982
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