Musselwhite v. Oleson

Citations

• 60 Fla. 342

Syllabus

<p>1. As a general rule where a vendor is unable to convey a proper title according to his contract, the vendee may treat the contract as at an end, and may recover in the equitable proceedings for a rescission, the money which he has paid on account of the purchase price.</p> <p>2, There is a clear distinction between executed and executory contracts as to the right of rescission of a contract. Ordinarily in the case of executed contracts a vendee cannot rescind a contract on the mere ground of a defect in the title, but it is otherwise in the case of an executory contract. In such a case for a defect in the title he may rescind and have the purchase money refunded.</p> <p>3. The assignee to whom was transferred for a valuable consideration, all the rights and liabilities of the purchaser of timber rights under a contract for the sale thereof in an equity proceeding brought by him for rescission of the contract because of 'the failure of the vendors to comply with the contract to give a good title and to properly care for the timber, may recover the purchase money paid by the assignor, less the value of the timber cut by the assignor, where there is a prayer for such relief, the right of recovery is not questioned by demurrer and the evidence sustains the allegations of the bill.</p>