Foxworth v. Maddox

• Decision Date: 09 October 1931
• Parties: FOXWORTH et ux. v. MADDOX.
• Court: Florida Supreme Court

137 So. 161

103 Fla. 32

FOXWORTH et ux. v. MADDOX.

Florida Supreme Court

October 9, 1931

Commissioners' Decision.

Suit by J. G. Maddox against R. J. Foxworth and wife. Decree for complainant, and defendants appeal.

Reversed and remanded, with directions.

Syllabus by the Court.

SYLLABUS

A contract of lease containing an option on the part of the lessee to purchase land upon acceptance of the option becomes a binding contract of sale between the parties.

The burden of proof is upon him who pleads payment or partial payment to sustain his plea by a preponderance of the evidence.

Upon appeal, as well as upon writ of error, every presumption is in favor of the correctness of the ruling of the court below.

Where there is testimony to sustain a decree, it will in general not be reversed on the ground that it is not supported by the evidence.

Findings of a chancellor have more weight if the evidence was taken before him than if not so taken, but in either case they will not be disturbed on appeal, unless clearly erroneous.

If a vendee enters into a contract, in which the vendor's wife does not join, for the purchase of real estate, not a homestead, the vendee knowing the vendor to be a married man and hence knowing that his wife is entitled to dower, which right she cannot be compelled to release, and the wife without the husband's inducement or procurement, fails or refuses to join in the husband's deed to the vendee, such vendee can only obtain specific performance of the contract to the extent of the vendor husband's interest or title without any abatement or compensation to cover the outstanding dower interest of the wife. Appeal from Circuit Court, Jackson County; Amos Lewis, Judge.

COUNSEL

H. L Grace, of Marianna, for appellants.

Thomas E. Walker, of Marianna, for appellee.

OPINION

DAVIS C.

The appellee, whom we will refer to herein as the complainant, filed his bill in the circuit court of Jackson county against the appellants, whom we will refer to as the defendants. It is shown by the bill that the defendants, on the 15th day of November, 1927, executed and delivered to the complainant a bond for title properly acknowledged, wherein they agreed to convey to the complainant for a named consideration to be paid on or before January 15, 1928, certain lands therein described; that on the 16th day of January, A. D. 1928, the complainant and the defendant R. J. Foxworth entered into another agreement in writing which reads as follows:

'Whereas, heretofore on or about the --- day of November, 1927, a verdict and judgment was rendered in a certain cause pending in the Circuit Court of Jackson County, Florida, in which R. J. Foxworth was plaintiff, and Jessie Maddox was defendant, awarding to the plaintiff the title and right of possession of the following described lands in Jackson county, Florida, to-wit:

'S. 1/2 of S.E. 1/4 of Section 23, Township 4 North, range 11 west

'And whereas, the said R. J. Foxworth gave to said Jessie Maddox, bearing date of November 15th, 1927, a bond for title to said premises, agreeing to convey said premises to said Maddox on payment of the sum of $1320.00 by said Maddox to said Foxworth on or before January 15th, 1928, time being made the essence of said bond for title; and

'Whereas, the said Maddox has failed to pay over the said sum of money, to said Foxworth and has paid no part thereof,

'Now, therefore, the said second party, Jessie Maddox, hereby recognized the said R. J. Foxworth as the owner of said lands, and entitled to the immediate possession thereof.

'It is further agreed that said premises be rented by the said R. J. Foxworth to said Jessie Maddox, for and until the 15th day of December, in the year 1928, for and at the sum of One Hundred Dollars, rental, for which the said Maddox shall give to said Foxworth his note, with a satisfactory endorser thereon, before this rent agreement shall take effect. On the giving of said note and acceptance of same by said Foxworth, the same shall operate as a lease of said premises for until the 15th day of Dec. 1928 to said Jessie Maddox.

'The said Jessie Maddox agrees to quit and surrender the said premises to the said R. J. Foxworth at the end of 1928, in as good condition as at this time, less ordinary and usual wear and tear.

'It is further agreed that should the said Jessie Maddox, at any time on or before July 15th, 1928, pay over to said R. J. Foxworth, the said sum of $1320.00, provided to be paid by the aforesaid bond for title, together with interest on such sum at 8% from January 15th, 1928, then in such event the said Foxworth shall make and deliver to said Maddox a warranty deed of conveyance, conveying the said premises to him, and in that event the rent note, here provided for, shall be deemed and held to be cancelled and of no effect.'

The bill also alleges in substance that during the years 1928, 1929, and 1930 the complainant made certain payments on the purchase price of said lands, and that during the month of April, 1930, complainant having been advised by the defendant R. J. Foxworth that there was a balance of $370 still due him as principal and interest on the purchase price, he thereupon executed and delivered to said defendant a note for that amount, with the understanding that upon the payment of the note the defendant would make complainant a deed conveying the said land, and that payments had been made on said note; that, before the maturity of the note, complainant, having made arrangements to take up the balance due, went in person to the defendant R. J. Foxworth for the purpose of ascertaining the exact amount due thereon, which the bill alleges was $275; that complainant has always been ready and willing to pay the said defendant the balance of the purchase money, and has made an effort to do so, but the defendant refused to accept the money, and advised complainant that he would not make him a deed, and in a short time afterwards instituted ejectment proceedings against complainant for the land; that complainant is still ready, able, and willing to pay the defendant any amount ascertained to be due defendant for said land; and that he is entitled to a deed of conveyance conveying to him the said premises. The bill prays that the court ascertain and decree the amount that is due the defendant R. J. Foxworth, and to require the defendants, 'R. J. Foxworth and Amanda J. Foxworth, to accept the same and to execute and deliver' to complainant a good and sufficient deed of conveyance of the property, and that the defendant R. J. Foxworth be enjoined from further prosecuting the ejectment suit.

In their answer defendants reserving to themselves exceptions to the insufficiencies of the bill averred that no part of the purchase price of said land has ever been paid or tendered to the defendants.

The testimony in the cause was taken before the circuit judge who thereupon found the equities to be with the complainant, and that he was indebted to the 'defendants in the sum of $500.00, as a balance due on the purchase money and the further sum of $38.08 as taxes paid by the defendants,'...