Conroy v. Woodcock

Citations

• 53 Fla. 582

Syllabus

<p>1. In a written memorandum, dated Jacksonville, Florida, a description of the land to be sold as lots 2, 3, 4, 5, 10, 11, 12, 13 in block 62, Springfield, satisfies the statute- of frauds to be admitted in evidence in action for breach of contract, when supplemented by offer to remove by parol any uncertainties.</p> <p>2. A written memorandum for sale of land need not specify the -interest to be conveyed; the presumption being that it is a fee simple.</p> <p>3. The consideration for sale of land in a “note or memorandum” satisfies the statute where the total is given, one-fourth whereof is to be paid as provided therein and the “balance to be paid in one, two and three years respectfully at 6 per cent interest.” The presumption is that equality of payment is intended and it is not necessary to set forth the nature or details of the security.</p> <p>4. A “note or memorandum” for the sale of land is not void on its face because part of the consideration' is to be in the form of “a note'(negotiable).”</p>