Bland v. Knoblock

• Decision Date: 13 July 1926
• Parties: BLAND et al. v. KNOBLOCK et al.
• Court: Florida Supreme Court

109 So. 415

92 Fla. 254

BLAND et al. v. KNOBLOCK et al.

Florida Supreme Court, Division B.

July 13, 1926

Suit by W. A. Bland and another, copartners doing business as the Bland & Driggers Realty Company, against Max Knoblock and others. From an order sustaining a demurrer to the complaint complainants appeal.

Affirmed in part, and reversed in part, and remanded.

Syllabus by the Court

SYLLABUS

Contract to sell land held not specifically enforceable as against wife whose acknowledgment was not legally taken, but enforceable as against husband (Rev. Gen. St. 1920, § 3803). Reversed in part on authority of the opinion in the case of Fisher v. Miller, 109 So. 257, filed during this term of the court.

Appeal from Circuit Court, Palm Beach County; C. E Chillingworth, judge.

COUNSEL

Chancey Giblin & Saunders, V. C. Giblin, and J. H. Lathero, all of Ft. Lauderdale, for appellants.

Bassett & Hunter, of St. Augustine, for appellees.

OPINION

PER CURIAM.

The appellants here were complainants in the court below in a suit to compel the specific performance of a contract for the purchase and sale of certain real estate described in the bill.

The contract from which the suit was based was as follows:

'Bland & Driggers Realty Company hereby agrees to purchase, at the price of $55,000, the following real estate in Palm Beach county, Fla., to wit:

'S. W. 1/4 of S.W. 1/4 of S.W. 1/4 of Sec. 4, Twp. 46 S., Range 43 East; also S.E. 1/4 of S.W. 1/4 of S.W. 1/4 of said Sec. 4; also all that part of the S. 1/2 of S.E. 1/4 of S.W. 1/4 of said Sec. 4, lying west of Fla. E. C. Ry. R/W; also all that part of the S. 1/2 of N. 1/2 of S.E. 1/4 of S.W. 1/4 of said Sec. 4, lying W. of the F. E. C. R/W known as the Hunebaugh grove.

'And Max Knoblock, joined by his wife, Lillian Knoblock, hereby agrees to sell, identify, and deliver said lands; also to acquire and convey to said purchaser a good and marketable title thereto in fee simple, free from all taxes, liens, assessments, defects, charges, and all incumbrances whatever, also to convey said land by general warranty deed, with full commonlaw covenants of seizin, good right to convey, against incumbrances of warranty, for quiet enjoyment, and for further assurance, also to furnish a complete merchantable abstract of feesimple title to said premises from 1890 to this date all at said prices, subject to the following exceptions: None.

'Evidence of said title and said abstract shall be delivered to said purchaser within fifteen days, and said purchaser shall examine said title within ten days thereafter.

'The seller hereby acknowledges the receipt from said purchaser of the sum of $1,000 as part of said price. On the approval of said title and delivery fo said land, said purchaser shall pay the sum of $9,000. The balance to be thereafter paid as follows: $15,000 in one year from date of deed; and $15,000 in two years after date of deed; and $15,000 in three years after date of deed. All deferred payments to draw interest at the rate of eight per cent. per annum from date of deed until paid, said interest payable annually.

'Said deferred payments shall date and draw interest from date of approval of said title and until paid, payable annually at the rate of eight per cent. per annum.

'Witness our hands and seals this 31st day of January, 1925.

'Max Knoblock. [Seal.]

'Lillian Knoblock. [Seal.]

'Bland & Driggers,

'By H. H. Nobles.

'Two witnesses.

'Acknowledged by all parties, but not separate acknowledgment of Lillian Knoblock.'

After demurrer had been sustained to the original bill, the bill was amended by inserting the following:

"That the complainants are willing, ready, and hereby offer, in the event the court shall decree that the aforesaid contract, a copy of which it attached to the bill of complaint marked Exhibit A, is void and unenforceable as against the defendant Lillian Knoblock, to accept a deed from the defendant Max Knoblock, without the joinder of his wife, Lillian Knoblock, therein, without abatement or reduction of the purchase price provided for in any by the contract aforesaid, and without change or alteration in the terms or provisions thereof, and without any indemnities whatsoever.'

And the complainants further move the court for leave to amend the prayer of their said bill of complaint by inserting immediately before the prayer for other and further relief the following words:

'And that, in the event the court shall decree that the said agreement, a copy of which is hereto attached, marked Exhibit A, and made a part hereof, is void and unenforceable as against the defendant Lillian Knoblock, the defendant Max Knoblock be decreed and ordered to make, execute, and deliver unto the complainants a good and sufficient deed of conveyance conveying and assuring the lands hereinabove described to the complainants in fee simple, clear of all liens and incumbrances whatsoever, except the right, title, and interest of the defendant Lillian Knoblock in and to said lands, upon the payment by the complainants of the sums of money provided for, in and by the agreement aforesaid, and the performance by the complainants of said agreement, without abatement or reduction of the purchase price of said lands, or without any provision for indemnities whatsoever by reason of nonjoiner of the defendant Lillian Knoblock in the making, execution, and delivery of such deed.'

Demurrer was interposed to the bill as amended as follows:

'Joint and several demurrer of Max Knoblock and Lillian Knoblock, his wife, defendants, to the amended bill of complaint for specific performance of W. A. Bland H. J. Driggers, copartners, doing business under the firm name and style of Bland & Driggers Realty Company.

'There defendants, by prostestation, not confessing all or any of the matters and things in the complainant's amended bill of complaint contained to be true in such manner and form as the same are therein set forth and alleged, and for cause of demurrer showeth that:

'(1) Paragraph II of complainant's amended bill of complaint and Exhibit A, thereto attached and made a part thereof by reference, affirmatively shows that Lillian Knoblock, as the wife of Max Knoblock, defendants herein, did not make such acknowledgment separately and apart from her said husband to the alleged contract for the sale of real estate set forth in complainant's bill of complaint, as would by law be binding on her or her interest in the land described in said bill of complaint, according to section 3803, Revised General Statutes of Florida 1920.

'(2) Paragraph III of complainant's amended bill of complaint and Exhibit B thereto attached and made a part thereof by reference affirmatively shows that Lillian Knoblock, as the wife of Max Knoblock, defendant herein, did not make such acknowledgment separately and apart from her said husband to the alleged contract for the sale of real estate as set forth in the complainant's bill of complaint, as would by law be binding on her interest in the land described in said bill of complaint, according to section 3803, Revised General Statutes of Florida 1920.

'(3) Paragraph III of complainant's amended bill of complaint and Exhibit B thereto attached and made a part thereof by reference affirmatively shows that the notary public taking the said acknowledgment of the said Lillian Knoblock, as the wife of Max Knoblock, defendants herein, did not make a certificate setting forth such facts as are required to be set forth in such certificate of acknowledgment of a married woman by section 3803, Revised General Statutes of Florida 1920.

'(4) The acknowledgment of Lillian Knoblock, as the wife of Max...