Cilabot v. Winter Park Co.

Citations

• 34 Fla. 258

Syllabus

<p>1. In a court of equity time is not considered as of the essence of a contract, unless expressly so provided by the terms thereof.</p> <p>Ü. Where one party to a contract for the sale of lands is in default and is guilty of laches and negligence to perform the same, the other party may give a notice fixing a reasonable lime for the performance of the contract, and has the right to treat the contract as abandoned if not complied with in such limited time.</p> <p>tí. Where a party to a contract is in default, and receives a notice of the character mentioned in the preceding head-note and makes no reply thereto, or any protest or assertion of right contrary to the notice, and makes no effort to comply with the requirements of the same, he will be held as acquiescing in the demand contained in the notice as consenting to a rescission of the contract, and as abandoning all rights he might have had to enforce the performance of the same.</p> <p>4. There can be no general rule as to what is a reasonable time to be .allowed a party in default for the performance of a contract, when required to do so by a notice of the kind mentioned in preceding head-notes. Much depends upon the circumstances •of each case. In this case the act required to be performed was simply the payment of a sum of money. The time fixed for the performance of the act by the notice requiring performance was nearly forty days. Under all the circumstances of this case, held to be a reasonable time.</p> <p>¡3. While a court of equity does not regard time as of the essence of a contract, unless it is so expressly stipulated, yet it will require of one who seeks specific performance of a contract that he shall not be guilty of unreasonable delay, and shall bring his suit with reasonable promptness.</p> <p>'•6. The specific performance of a contract for the sale of lands is not a matter of right in either party, but rests in the sound reasonable discretion of a court of equity.</p> <p>*7, In this case the