Acosta v. Anderson

Citations

• 56 Fla. 749

Syllabus

<p>1. It is a familiar rule in equity that the time of payment provided for in a contract is not to be considered of its essence unless it be so expressed by proper language.</p> <p>2. When a contract to convey real ,estate requires the purchaser to pay all taxes that may be legally levied or imposed upon said land subsequent to the year 1904, and the contract does not fix the time when said taxes are to.be paid, the time of the payment of the taxes was not made of the essence of the contract.</p> <p>3. The mere payment of taxes by the vendor for his own protection is not an election to declare a forfeiture under a contract providing for forfeiture upon the vendee’s default in paying the taxes legally levied upon the land that is the subject of the contract of purchase.</p> <p>4. When the right to declare a forfeiture is optional with the vendor of real estate upon default by the vendee, the former must indicate his election to forfeit the contract or it will be considered as still in force, unless the vendee has waived notice of forfeiture.</p>