LaTrobe v. Hayward

Citations

• 13 Fla. 190

Syllabus

<p>In March, 1861, A agreed to purchase of B certain lots in Tallahassee, Florida, and improvements to be constructed thereon by B. The sum agreed to be paid was an estimated value of the lots and the actual cost of the improvements. After the execution of this agreement, B removes to the State of Maryland, leaving an agent in Florida. A remains in Florida, giving his personal .attention to the work, having authority from B to make such additions of alteratipns in the original plan as he desired. Additions and alterations were made by A. In July, 1865, (between which date, and the date of the completion of the improvements, communication between Maryland and'Florida was suspended by war,) B, in Maryland, received a letter from his agent in Florida, and sought A, then in Maryland, for a settlement. A settlement was made-, and a deed subsequently executed for the property. In making such settlement it was the expressed intention of neither party to suffer any considerable loss, nor to surrender any right under the original contract. Through a mistake in the construction of a sentence in the letter of the agent, a final settlement was had, and a note given for a much less sum than was due. This note B, with the consent of A, transferred to C, in payment of a balance due by him (B) for the lots which he (B) had purchased of C. The sentence erroneously construed related to the cost of the alterations in the original plan made by A, of which B was uninformed, and which, from the acts and language of A, ho was authorized to believe were inconsiderable, while the proofs show thej' amounted to a considerable amount: Held,</p> <p>1. That in such case a court of equity should open the settlement; that the ’ true balance ascertained to be due, was a balance of purchase money due upon a sale of real estate; that while the estate at law passed under the deed to the vendee, yet in equity the vendor retained a lien for the balance of the purchase money.</p> <p>2. That B, having use