Asia v. Hiser
Supreme Court of Florida
Appeal from the Circuit Court for Putnam county. STATEMENT. On February 28d, 1887, the appellant, who was complainant in the court below, brought suit in equity against Edwin P. Hiser and Maria C. Hiser to enforce the specific performance of a contract for the sale of a tract of ten acres of land. A decree was entered dismissing the bill of complaint.
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Appeal from the Circuit Court for Putnam county. STATEMENT. On February 28d, 1887, the appellant, who was complainant in the court below, brought suit in equity against Edwin P. Hiser and Maria C. Hiser to enforce the specific performance of a contract for the sale of a tract of ten acres of land. A decree was entered dismissing the bill of complaint. Edwin P. Hiser, one of the original defendants and appellees, died after appeal was perfected, and his administrator has been made a party to the appellate proceedings by an order of this court. The record is voluminous and there is considerable…
1Opinion of the Court
Liddon, J.:
The specific performance of a contract for the sale lands is not a matter of right in either party; but the right to such performance rests in the sound reasonable discretion of a court of equity. While equity does not regard time as of the essence of such contract unless it is so expressly stipulated, yet it will require of one who seeks the specific performance of such an agreement that he shall not' be guilty of unreasonable delay. While time may not be of the essence of the contract, the principle is well established that where one party to a contract is guilty of *79laches and…
2Cases cited5 opinions
- Cilabot v. Winter Park Co.Supreme Court of Florida · 1894
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
- Knox v. SprattSupreme Court of Florida · 1887
- Longworth v. TaylorU.S. Circuit Court for the District of Ohio · 1838
- Steele v. BiggsIllinois Supreme Court · 1859
3Cited by21 opinions
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Williams v. BaileySupreme Court of Florida · 1915
- Maloy v. BoyettSupreme Court of Florida · 1907
- Rundel v. GordonSupreme Court of Florida · 1927
- Felt v. MorseSupreme Court of Florida · 1920
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