Tunno v. Robert

Citations

• 16 Fla. 738

Syllabus

<p>1. Where a party has agreed to do certain work, furnish certain materials, and keep certain premises in repair, and he fails fully to perform his agreement, yet if the work done and materials furnished are of value and are accepted by the other party, he is entitled to recover a quantum, meruit for his work and a quantum valebant for his materials. The owner, however, should be held to pay in damages only so much as will make the sum agreed to be paid good, deducting the loss or damage occasioned by the variation from the contract. After a partial performance the rights under such an agreement may be assigned» unless it involves a personal confidence or there is something of a fiduciary character in the transaction.</p> <p>2. A mortgagee seeking the foreclosure of a mortgage can have only such debts established as are within the terms of the mortgage.</p> <p>3. Where a party stipulates to pay a given sum for a defined service and no date is named for payment, the amount becomes due upon the performance of the service contracted for.</p> <p>4. An agreement by which a party enters upon the land of another, and performs labor and service thereon, is not an agreement by which an estate in land is created. Such an agreement to be performed in five years is a personal contract and is valid if in writing, signed by the party to be charged.</p> <p>5. Such a contract held by a husband and partially performed, may be assigned to the wife under the Constitution and laws of Florida, in payment for her separate moneys advanced to him, and to the extent that. he had a right, she can have a remedy. Such an agreement, not negotiable, is a chose in action to which the wife under our laws can in equity acquire a valid title from the husband.</p> <p>6. Where .such a chose in action is, by the instrument of transfer from the husband to the wife, made payable to the wife's assigns, upon an assignment by her such authority from the husband is sufficient evidence of the assent of the h