Legal Opinion
Kubicek v. Way
District Court of Appeal of Florida
Decided April 9, 1958No. 113PublishedCited by 5 opinions
1Opinion of the Court
SHANNON, Judge.
The appellee, R. C. Way, as plaintiff, filed suit for specific performance of a written contract entered into between him as vendee and appellant, John Kubicek, as vendor. The Chancellor below entered a final decree for the plaintiff.
The contract was in standard form and had in it a clause that is usually found in such contracts providing:
“In the event the title shall be proven to be unmerchantable, the Seller shall have a period of 120 days after notification thereof within which to cure defects in title, and this sale shall be closed within 15 days after notice of such curing…
2Cases cited13 opinions
- Old Colony Trust Co. v. ChaunceyMassachusetts Supreme Judicial Court · 1913
- Exchange Realty Co. v. BinesMassachusetts Supreme Judicial Court · 1939
- Vance v. RobertsSupreme Court of Florida · 1928
- Flier v. RubinMassachusetts Supreme Judicial Court · 1947
- Sperling v. DavieSupreme Court of Florida · 1949
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lanna v. GreeneSupreme Court of Connecticut · 1978
- Dillard Homes, Inc. v. CarrollDistrict Court of Appeal of Florida · 1963
- New Products Corp. v. City of North MiamiDistrict Court of Appeal of Florida · 1970
- Bermont Lakes, LLC v. RooneyDistrict Court of Appeal of Florida · 2008
- D & E Real Estate v. VittoDistrict Court of Appeal of Florida · 2018