Wheeler v. Sullivan

This is the second appearance of this case here, the facts out of which it arose being succinctly stated in Wheeler vs. Sullivan et al. 90 Fla. 711, 106 So. 876. The former appeal was from an order overruling a demurrer to the bill of complaint which sought to cover a binder payment made on the lot involved in the transaction out of which this litigation grew. Wheeler, the appellant, grounds his right to recover the binder payment on the fact that the abstract showed restrictions in the title of such a nature as to justify him in declining to accept it. We held the bill good as against the…