Connor v. Joseph Dixon Crucible Co.

• Decision Date: 22 September 1926
• Citation: Connor v. Joseph Dixon Crucible Co., 110 So. 128, 92 Fla. 716 (Fla. 1926)
• Parties: CONNOR et al. v. JOSEPH DIXON CRUCIBLE CO.
• Court: Florida Supreme Court

110 So. 128

92 Fla. 716

CONNOR et al. v. JOSEPH DIXON CRUCIBLE CO.

Florida Supreme Court, Division B.

September 22, 1926

Suit by Ruby C. Connor and another against the Joseph Dixon Crucible Company for specific performance.From an order sustaining a demurrer to the bill of complaint, complainants appeal.

Affirmed.

Syllabus by the Court

SYLLABUS

Contract warranting specific performance must be definite, clear, and certain, and land definitely described or so much so as to make location possible; contract giving number of acres in certain sections, townships, and ranges, without indicating portion of section, is not sufficiently definite for specific performance.The contract, to warrant decree of specific performance, must be definite, clear, and certain and land definitely described, or so much so as to be located.

Appeal from Circuit Court, Citrus County; W. S Bullock, judge.

COUNSEL

D. Niel Ferguson, of Ocala, for appellants.

Anderson & Anderson of Ocala, for appellee.

OPINION

PER CURIAM.

In this casedemurrer was filed to an amended bill of complaint.The demurrer contained twelve grounds.Upon hearing the court made the following order:

'This cause came on to be heard on demurrer to amended bill and was argued by the solicitors for respective parties.A reargument was had on application of defendant's solicitor, because he failed to receive notice of time of first argument, and the court has considered the said demurrer.

'In the first instance I cannot discover any right in Ruby C Connor to have any specific performance.

'There has not been at any time any contract wherein she was one of the parties.At best, there was a deed sent to the bank at the request of Claude E. Connor, in which she was the grantee, but the proposition for a cash payment failed, and it is immaterial as to what reason caused the failure.

'The contract must be definite, clear, and certain and land definitely described, or so much so as to be located.The contract herein, Exhibit A, made a part of the bill, states a given number of acres in certain sections, townships, and ranges, without indicating what portion of the section.It is apparent from this bill and exhibits that both parties contemplated further contracts, for Exhibit C states that 'the contract for your execution,' that of Claude E. Connor, is to be signed by him and sent to defendants.

'There are other objections raised by the demurrer that

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