Maloy v. Boyett

Citations

• 53 Fla. 956

Syllabus

<p>1. In suits for specific performance of parol contracts for. the sale of land, the rules of equity pleading require that the terms of the contract must be distinctly, definitely and precisely stated in the bill, so that the court may not be left to inference as to its terms or as to the rights of the parties, and so that the court can see that the contract is one which it is equitable to enforce.</p> <p>2. The rule requires that when a purchaser comes into equity to compel the execution of a parol contract for the sale of land, and seeks to take it from the operation of the > statute of frauds by averment of part .performance it is essential to relief that the acts of part performance relied upon are referable to that particular contract.</p> <p>3. Payment of the purchase money, followed by delivery of possession under a parol contract for the sale of lands, constitute such part performance that the seller is estopped from insisting that the agreement was not signed, and the specific execution may be decreed, but it is essential to this right for specific performance that the acts of part performance relied upon, the payment of the purchase money and delivery of possession of the land, be consistent only with and legitimately referable to the particular agreement for the purchase and sale.</p> <p>4. A bill in equity will not lie to enforce specific performance of a voluntary promise to convey land, but a valuable consideration is necessary.</p> <p>5. Where the bill sets out the contract for the sale of lands in general terms, the presumption of law is that it is a legal and valid contract and is in writing and signed by the party to be charged therewith; and, if the defendant desires to set up the statute as a defense, it must be done by plea, or insisted on in the answer. Where the complainant in a bill sets 'up in terms a verbal contract, the defendant may demur, if such bill fails to state facts that will avoid the statute of frauds.</p> <p>6. As a basis of th