L'Engle v. Overstreet
Supreme Court of Florida
This case was decided by the court En Banc. Appeal from the Circuit Court for Duval County. Statement. This appeal is taken' by the defendant below from an order overruling a demurrer to a bill for specific performance brought by Walter Overstreet, P. A. Cunningham and Arthur J. Cunningham.
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This case was decided by the court En Banc. Appeal from the Circuit Court for Duval County. Statement. This appeal is taken' by the defendant below from an order overruling a demurrer to a bill for specific performance brought by Walter Overstreet, P. A. Cunningham and Arthur J. Cunningham. The bill of complaint is as follows: “That on March 24th, 1905, the defendant Charlotte J. L’Engle, by Porcher L’Engle, her attorney in fact, executed and delivered to the plaintiffs Walter Overstreet and P. A. Cunningham her deed, which with the addenta hereinafter referred to follows: “Law Offices,…
1Opinion of the CourtWhitfield, C. J.
(after stating the facts.) — Whether the specific performance of a contract for the conveyance of real estate will be enforced by judicial procedure is determined by the application of the established principles of equity designed for administering justice that are appropriate to the facts and circumstances of the particular case. Primarily the contract should be definite and legally binding and its enforcement be practical and equitable. See Taylor v. Florida East Coast R. Co., 54 Fla., 635, 45 South. Rep., 574, 16 L. R. A. (N. S.) 307, 127 Am. St. Rep., 155; Asia v. Hiser, 38 Fla., 71, 20…
2Cases cited5 opinions
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Shouse v. DoaneSupreme Court of Florida · 1897
- Maloy v. BoyettSupreme Court of Florida · 1907
- Asia v. HiserSupreme Court of Florida · 1896
- Brown v. BeckwithSupreme Court of Florida · 1910
3Cited by22 opinions
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- Southern Construction Company, Inc. v. The United StatesUnited States Court of Claims · 1966
- Jefferson Construction Co. v. United StatesUnited States Court of Claims · 1960
- Williams v. BaileySupreme Court of Florida · 1915
- St. Lucie County Bank & Trust Co. v. AylinSupreme Court of Florida · 1927
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