Rose v. Henderson

Citations

• 63 Fla. 564

Syllabus

<p>3. 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>2. When three persons, a brother and two sisters, all married, who own by inheritance a large' body of land, sign and seal a contract to sell and convey said lands en bloc, for a specifled sum of money, and it does not appear tliat they intended to sever their interests in such sale and conveyance, but the contrary, and where the contract was not executed by the married women in accordance with Sections 2594 and 2462 of the General Statutes of 1906, and is not enforceable against them, a court of equity will not split the contract, and compel a specific performance of it by the brother alone, or by him and the husbands of his sisters.</p>