Glinski v. Zawadski
Supreme Court of Florida
This case was decided at Jacksonville. Appeal from Putnam Circuit Court. This was a suit in equity, brought by Zawadski and wife against Gilliland and Glinski, to compel the latter to make title to a lot in the town of Palatka, which the complainants allege they purchased from said Glinski, and upon which they erected a building and expended large sums of money. There was no bond for title on record; though the bill states that one was executed.
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This case was decided at Jacksonville. Appeal from Putnam Circuit Court. This was a suit in equity, brought by Zawadski and wife against Gilliland and Glinski, to compel the latter to make title to a lot in the town of Palatka, which the complainants allege they purchased from said Glinski, and upon which they erected a building and expended large sums of money. There was no bond for title on record; though the bill states that one was executed. Glinski mortgaged the lot to Gilliland. The mortgage was foreclosed and the premises sold under execution in favor of James Burt, Agent of the Bank…
1Opinion of the Court
DuPONT, J.,
delivered tbe opinion of tbe Court.
The petition of appeal, filed in this cause, presents but two questions which are material to be considered by this Court, viz: 1st, the propriety of retaining the bill after the prayer for a specific performance had been refused, and? 2d, the correctness of the data upon which the compensation or damages were ordered to be assessed.
It was insisted for the appellants, that whenever a bill is filed asking for the specific performance of a contract or agreement, if the Court should find that the prayer could not be granted upon the pleadings and…
2Cited by12 opinions
- Cilabot v. Winter Park Co.Supreme Court of Florida · 1894
- Lamar, Et Ux. v. Lechlider, Et Ux.Supreme Court of Florida · 1939
- Carter v. SuggsDistrict Court of Appeal of Florida · 1966
- Arey v. WilliamsSupreme Court of Florida · 1955
- Broward v. HoegSupreme Court of Florida · 1875
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