Elgin Nat. Industries, Inc. v. Howard Industries, Inc., 72--132
| Decision Date | 05 July 1972 |
| Docket Number | No. 72--132,72--132 |
| Citation | 264 So.2d 440 |
| Parties | ELGIN NATIONAL INDUSTRIES, INC., Appellant, v. HOWARD INDUSTRIES, INC., Appellee. |
| Court | Florida District Court of Appeals |
Horton, Schwartz & Perse, Weiner & Rubin, Miami, for appellant.
Richard Kanner, Miami, for appellee.
Before BARKDULL, C.J., and CHARLES CARROLL and HENDRY, JJ.
This is an appeal by the defendant below from a judgment for specific performance of a contract for the sale of real estate. We hold that no reversible error has been shown, and that the judgment should be affirmed.
After certain offers had been made and rejected, the parties made an oral agreement on October 6, 1971, as to price and terms of sale. In confirmation thereof a letter was written to the purchaser by the seller, through its vice president, on October 11, 1971. That letter was in the form of an offer by the seller, stating: Further therein it was related that the terms and provisions of the sale as there outlined would be included in 'a definitive purchase agreement' to be prepared by a named officer of the seller by October 31, and that the sale contract was to be closed on December 7, 1971. It was provided therein that the terms and conditions stated were subject to 'approval of the board of directors of Elgin National Industries, Inc.'
On or about October 18 the seller received an offer from another party for purchase of the property at a higher figure. On said date seller notified the plaintiff-purchaser, by telephone, that an executive committee of the seller corporation had rejected his offer and had accepted a higher offer of a third party. On October 22 the purchaser endorsed its agreement to the provisions of the offer of October 11 and forwarded such written acceptance to the seller.
Further facts, as found by the trial court were 'that the offer was unconditionally accepted on behalf of the plaintiff by a telephone conference with the defendant's counsel on October 14, 1971 and that defendant's counsel advised him a formal contract of sale was being prepared and was being mailed.'...
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...estoppel a successful basis for recovery in cases not involving the statute of frauds. In Elgin National Industries, Inc. v. Howard Industries, Inc., 264 So.2d 440 (Fla. 3d DCA 1972), the court affirmed a grant of specific performance of a real estate sales contract, when the vendee had spe......
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