Murphy v. Hohne

Citations

• 73 Fla. 803

Syllabus

<p>1. Applications for the enforcement of specific performance of contracts for the sale of real estate are addressed to the sound judicial discretion of the chancellor. Such discretion is controlled by the provisions and principles of law and equity applicable to the particular facts and circumstances; and unless it clearly appears that the chancellor has erred in his decree in refusing a specific performance, it will not be disturbed on appeal.</p> <p>2. The enforcement by a court of equity of a specific performance of a contract is not ,a matter of right in either party to such contract, but a matter for the exercise of a sound judicial . discretion by the court, and should only be exercised when a decree for specific performance would be strictly equitable as to all the parties under the facts as they exist.</p> <p>3. Improvements afford no independent ground for specific performance unless they are both valuable and permanent and are warranted by the contract.</p> <p>4. An enforcement in equity of the specific performance of a contract to convey real estate is not a matter of right except as such enforcement may be essential to the maintenance of a legal right to which the movant is clearly and equitably entitled.</p>