Nobles v. L'Engle

Citations

• 58 Fla. 480

Syllabus

<p>Specific Performance — Laches—Pleading in Equity— Material Averment in Answer That Is Disproved by the Complainant Destroys the Effectiveness op the Entire Answer as Evidence.</p> <p>1. Where only two years have elapsed since a complainant in a bill fox specific performance was wrongfully ousted from the possession of the premises in controversy, and there has been no material change in the status of the property or in its value, or of the parties interested, and where the contract of purchase has over sixty years to run, there is no such laches as would debar the complainant from specific performance.</p> <p>2. An answer in equity contradicted in a material point loses all weight as evidence, and serves the purpose only of a pleading in the cause.</p>