Dixie Naval Stores Co. v. German-American Lumber Co.

Citations

• 76 Fla. 339
• 79 So. 836

Syllabus

<p>1. The specific performance of a contract to convey an interest in real estate is not a matter of right, hut rests in the sound reasonable discretion of a Court of Equity.</p> <p>2. An executory contract for the sale of land which fails to describe or otherwise identify the /land and name the purchase price and time of payment, is not enforcable in a Court of Equity.</p> <p>3. In suits for specific performance of parol contracts for the sale of land, the rules of equity pleading require that the terms of the contract must be, distinctly, definitely and precisely stated in the bill, so that the Court may not be left to inference as to its terms or as to the rights of the parties, and so that the Court can see that the contract is one which it is equitable to enforce.</p> <p>4. Applications for the enforcement of specific performance of contracts for the sale of real estate are addressed to the sound judicial discretion of the chancellor. Such discretion is controlled by the provisions and principles of law and equity applicable to the particular facts and cir cumstances; and, unless it clearly appears that tbe chancellor has erred in his decree in refusing a specific performance, it will not be disturbed on appeal.</p>