Forssell v. Carter

Citations

• 65 Fla. 512
• 62 So. 926
• 1913 Fla. LEXIS 513

Syllabus

<p>1. In contracts for the sale of land time of performance may be made an essential feature of the contract.</p> <p>2. In a contract for the sale of land where part of the purchase money was paid when the contract was made and where the contract contains a provision that time shall be an essential feature of the contract, but also contains a provision that the contract may be forfeited at the option of the vendor when the terms of payment are not observed in the time agreed on, in such a case the vendor must give reasonable notice to the vendee that he will insist on payment as provided in the contract and if he fails to do so before the date for payment he must fix a future time and give reasonable notice to the vendee in order that he may have an opportunity to comply. In this way alone can the vendor in such a contract make time an essential part of the contract.</p> <p>3. Where a husband and wife join in the execution of a contract for the sale of land, and where the wife personally appears before an officer authorized to take an acknowledgment of the execution of the contract and the officer certifies that the wife upon an examination by him separate and apart from her husband acknowledged that she executed the agreement freely and voluntarily and without any constraint, compulsion, apprehension or fear of or from her said husband, such an acknowledgment embraces whatever interest the wife ■may have in the lands.</p>