Craver v. Spencer

Citations

• 40 Fla. 135

Syllabus

<p>1. An appellate court will of its own motion reverse a decree rendered by the court below in the absence of necessary parties.</p> <p>3. The assignee of the vendee in a written contract for the conveyance of lands may enforce specific performance thereof as against the vendor, upon compliance with the terms of such contract.</p> <p>8. Where the vendee and his assignee in a written contract for the conveyance of lands file a bill for specific performance against the vendor, therein alleging that the vendee had sold and transferred to his assignee all his rights and interests in the written contract, and in and to the lands therein described, and the vendee and his assignee not only swear to the bill of complaint, but each as a witness in the case testifies to such transfer, that same was absolute, and that the assignee had paid the vendee the price agreed upon in full, the court of equity is authorized to recognize and enforce such transfer from the vendee to his assignee, not only as between themselves, but as against the vendor, even though such transfer be such as is by the statute of frauds required to be in writing, and it never was reduced to the form of a written contract between the parties.</p> <p>I. Where the interest of a vendee in a written contract for the sale of lands has been irrevocably and absolutely transferred and assigned to another, such other, or in case of his death, his heir or representative, is a necessary and indispensable party to a bill filed against the vendor for specific performance of' 'the contract.'</p>