Brown v. Dobry, 73--641
| Decision Date | 18 April 1975 |
| Docket Number | No. 73--641,73--641 |
| Citation | 311 So.2d 159 |
| Parties | George M. BROWN, Appellant, v. Meredith E. DOBRY and Mabel M. Dobry, Appellees. |
| Court | Florida District Court of Appeals |
Howard P. Ross of parker, Battaglia, Parker, Ross & Stolba, St. Petersburg, for appellant.
Jack B. McPherson of Allgood, McPherson & Cobb, New Port Richey, and T. Paine Kelly, Jr., of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.
The appellant filed his complaint in two counts. Count I was for specific performance and Count II was for damages resulting from a breach of the contract by appellees in the event the court denied specific performance. The trial court entered its final judgment appealed dismissing appellant's complaint. The agreement entered into by the parties reads as follows:
The intent of this paper is to bind the parties hereto for the following general agreement.
1. To option 17 & 18--approximately 935 acres as a survey will show @ $1300.00 per acre. 29% Down balance--10 years. 6% Interest on unpaid balance with release of appx. 232 acres for the (should be 75% Of down payment money) down payment location of which to be agreed upon at closing.
Purchase to proceed as follows:
Option money of $1,000.00 paid this date and balance of $49,000.00 at closing of option. $10,000.00 of this $50.000.00 to be escrowed for land work purposes.
This $50,000.00 will allow optionee 5 months time before closing. If optionee wishes, he can have subsequent one month options at $10,000.00 per month for 5 additional months. All option monies shall be applied and credited to the down payment for the purchase.
Additional releases shall be calculated at 125%
(2) Optionee shall pay $20,000.00 to option section 19 & 30--approximately 690 acres for a period of 3 years. The purchase price shall be $1,150.00 per acre plus 6% For the time used until the purchase takes place.
3) Optionee shall pay $20,000.00 to option all the balance of the Moon Lake Valley Dobry Ranch or approximately 1,129 acres more or less for 5 years at approximately $3,000,000.00.
Purchase terms of #2 & 3 above shall be same as #1.
We conclude from a reading of the agreement that it is merely an agreement to enter into an option at some undisclosed date in the future to sell the property within a certain specified time.
In order for a contract to be subject to specific performance, it must appear from the writing constituting the contract that the...
To continue reading
Request your trial
-
All Seasons Condo. Ass'n, Inc. v. Patrician Hotel, LLC
...are clear, definite and certain." de Vaux v. Westwood Baptist Church, 953 So.2d 677, 682 (Fla. 1st DCA 2007) (quoting Brown v. Dobry, 311 So.2d 159, 160 (Fla. 2d DCA 1975) ); see also 330 Michigan Ave., Inc. v. Cambridge Hotel, Inc., 183 So.2d 725, 726–27 (Fla. 3d DCA 1966) ("Specific perfo......
-
De Vaux v. Westwood Baptist Church
...Bank, 559 So.2d 1210 (Fla. 4th DCA 1990); Balter v. Pan Am. Bank of Hialeah, 383 So.2d 256 (Fla. 3d DCA 1980); Brown v. Dobry, 311 So.2d 159 (Fla. 2d DCA 1975). "In order for a contract to be subject to specific performance, it must appear from the writing constituting the contract that the......
-
Cibran Enterprises v. Bp Products North America
...vague, indefinite, uncertain and incomplete, that it is impossible to ascertain the intent of the parties thereto." Brown v. Dobry, 311 So.2d 159, 160 (Fla. 2d DCA 1975). For example, in Drost v. Hill, the court concluded that an option to lease property, which was to include an option to b......
-
All Seasons Condo. Ass'n, Inc. v. Patrician Hotel, LLC
...clear, definite and certain." de Vaux v. Westwood Baptist Church, 953 So. 2d 677, 682 (Fla. 1st DCA 2007) (quoting Brown v. Dobry, 311 So. 2d 159, 160 (Fla. 2d DCA 1975)); see also 330 Michigan Ave., Inc. v. Cambridge Hotel, Inc., 183 So. 2d 725, 726-27 (Fla. 3d DCA 1966) ("Specific perform......