McCann v. Ware

Citations

• 80 Fla. 803
• 87 So. 57

Syllabus

<p>1. Specific performance of a contract for-tlie sale of lands will not be granted in a case where the vendor is the actor demanding the remedy without compensation for an outstanding right in the lands to the extent of an undivided -half interest in third persons.</p> <p>2. A vendor in a contract for the sale of lands who has no title to the lands at the time of the contract made, and such land is afterwards acquired partly by the vendee to such contract from another source and under circumstances which would not preclude him from the favorable consideration of a court of equity, and partly by a third person, is not entitled to a decree in equity requiring the vendee to pay the full purchase price for the half interest held by him upon the theory that such interest is held in trust for the complainant vendor.</p>