Hendry v. Whidden

Citations

• 48 Fla. 268

Syllabus

<p>1. When a cause is submitted to the court upon abstracts of the record under Rule 20 of the Supreme Court Rules, and such abstracts are not excepted to as provided for in said rule, they are admitted to be a true statement of the material substance of the record, and the cause will' be considered as provided by the rule on the abstracts alone.</p> <p>2. As a general rule, a contract for the sale of chattels will not be specifically enforced by a court of equity.</p> <p>3. A bill of complaint which alleges a contract for the sale by the 'defendant to the plaintiff of a certain number of cattle at a stated price, the breach of the contract by the defendant, and also that the defendant is disposing of the cattle so that plaintiff will not be able to get the number of cattle contracted for, and that the defendant is wholly execution proof and insolvent, is not a sufficient basis on which to decree the specific performance of the contract for the sale of the cattle.</p> <p>4. A bill of complaint which shows no ground for the interposition of a court of equity will be ordered dismissed.</p>