Hall v. Northern & Southern Co.

Citations

• 55 Fla. 235

Syllabus

<p>1. Where a bilateral contract is made for future performance, and, before the time for performance arrives, one party positively andunequivocallyrepudiatesthe entire contract, or voluntarily puts it out of his power to perform his part, the other party may treat the contract as rescinded. In many cases where the repudiation or voluntary act rendering performance impracticable is entire and absolute, actions may be brought as for a breach of the contract even before the time for performance has arrived.</p> <p>2. The mere refusal to accept tendered payments of purchase money under a contract for the sale of real estate may affect the rights of the vendor, but such refusal is not itself such a repudiation of the contract .as gives the vendee a right of action as for a breach of the contract to convey, when the time for the conveyance to be made has not arrived.</p> <p>3. If the right to take possession of land contracted to be sold is dependent upon a contingency there should be allegations showing that the contingency has happened and that an effort was made to take possession without success to plaintiff’s injury where damages for failure to get possession are sought.</p> <p>4. General allegations that a vendor wholly refused to carry out his contract to convey land, should be taken in connection with the specific allegations of breaches, and, if the specific allegations are insufficient the general allegations also fail.</p> <p>5. Where the contract is made to convey land and before the time for the conveyance has arrived the vender conveys his rights in the lands to a third party, the conveyance is subject to the valid rights of the contract vendee, and such a conveyance does not necessarily render it impossible for the contract to be observed.</p>