Knox v. Spratt

Citations

• 23 Fla. 64

Syllabus

<p>1. When A. makes a contract for sale of real estate with B., having at the time of said contract only a limited interest in the property sold, the contract not being objectionable under the Statute of Frauds, B. is entitled in equity to compel A. to convey so much of said real estate as lies in his power to convey with compensation by deduction from the agreed price, for the residue of said property, which A. has no power to convey.</p> <p>3, But B. has no such right, if at the time of sale he had notice that there was a defect in the title of A.</p> <p>3. A specific execution of a contract for the sale of lands is not the right of either party to such contract, but rests in the sound and reasonable discretion of the court.</p> <p>4. A purchaser seeking the aid of a court of equity to enforce a specific-execution of a contract for the sale of lands must show that lielias acted with promptness and diligence ; while time is not oí\ the essence of the transaction an unreasonable delay in the assertion of his rights not satisfactorily accounted for will be considered in equity as an acquiescence in the refusal of the other party to the contract to convey and as an abandonment of liis equitable rights. “ A court of equity will not allow of a delay which would enable the purchaser to take advantage of a tarn in the market and home the contract performed only in case it suite# him.\</p>