Drake v. Brady

• Decision Date: 09 March 1909
• Parties: DRAKE v. BRADY et al.
• Court: Florida Supreme Court

48 So. 978

57 Fla. 393

DRAKE v. BRADY et al.

Florida Supreme Court

March 9, 1909

Headnotes Filed April 12, 1909.

In Banc. Appeal from Circuit Court, Dade County; Minor S. Jones Judge.

Bill by Gaston Drake against Edward L. Brady and others. Decree for defendants, and complainant appeals. Reversed and remanded.

Syllabus by the Court

SYLLABUS

One purchasing property with notice that the grantor had contracted to convey it to another may be compelled to perform the contract in the same manner and to the same extent as his grantor would have been liable to do, had he not transferred the legal title.

COUNSEL Alex St. Clair-Abrams, for appellant.

Geo. M Robbins, for appellees.

OPINION

WHITFIELD C.J.

On May 1, 1905, Gaston Drake filed in the circuit court for Dade county a bill of complaint, alleging in effect the purchase by him of certain described land from J. C. Henderson through his agent, E. A. Waddell, and the payment to Waddell of the entire purchase price, and the subsequent conveyance of the land by Henderson to Brady as the result of fraud participated in by Brady with knowledge of Drake's rights in the premises. The prayer is that a trust in favor of complainant be decreed, for a conveyance and accounting to complainant, and for other appropriate relief. A demurrer to the bill of complaint was overruled. Brady answered, and testimony was taken by an examiner. The bill of complaint was dismissed on final hearing, and the complainant appealed.

It appears that the land was owned by J. C. Henderson, of Troy Ala., and is located in the city of Miami, Fla., and that Brady was a tenant from month to month, and conducted a store in the building on the land. Henderson, by letter of February 1, 1904, authorized Waddell, of Miami, to sell the property for $3,000 net. It was offered to Brady by Waddell at the named price. Brady expressed a desire to own it, but did not accept the offer. The property was offered to others. Drake agreed to purchase at the stated price, and on December 3, 1904, paid Waddell $100 to bind the sale. Henderson was that day notified by wire of the sale, and of the payment of $100 thereon This was confirmed two days later by letter inclosing a deed to be executed by Henderson to Drake. On December 13, 1904, Drake paid Waddell $2,900 in full for the property, taking a receipt, stating the sale of the particular land to him. Brady heard of the sale on December 8th, and endeavored to procure a deed to the property for himself. He had been in communication with Henderson as to the purchase of the property, but had not agreed to take it. After hearing of the sale made to Waddell, as Henderson's agent, Brady visited Henderson at Troy and paid $3,500 for a deed to the property. Henderson sent a deed, with authority to fill in the name, and to deliver to either Brady or Drake, as Waddell may determine, but recalled the deed before delivery, and afterwards sent one deed to be delivered to Brady, on condition that he would enter into a written contract to hold Henderson harmless against any claim by Drake, and one deed to be delivered to Drake, if Brady did not execute the contract. Brady declined to enter into the contract, and could not get the deed to him. Drake regarded...