Grentner v. Hay

• Decision Date: 13 November 1929
• Citation: Grentner v. Hay, 98 Fla. 546, 124 So. 816 (Fla. 1929)
• Parties: GRENTNER v. HAY et ux.
• Court: Florida Supreme Court

124 So. 816

98 Fla. 546

GRENTNER v. HAY et ux.

Florida Supreme Court, Division A.

November 13, 1929

Commissioners' Decision.

Error to Circuit Court, Dade County; Paul D. Barns, Judge.

On petition for rehearing.

Petition denied.

For former opinion, see 124 So. 54.

Syllabus by the Court

SYLLABUS

Equity may enforce specific performance of contracts for sale of real estate or foreclose rights growing out of contract. Courts of equity may enforce specific performance of contracts for sale and conveyance of real estate, or may foreclose rights growing out of contract, when the application of principles of law to the facts and circumstances of particular cases warrant it.

Equity may require purchaser to perform contract for sale of lands and order lands to be sold on failure of purchaser to perform. Where vendee fails to make payments under a binding contract for sale and conveyance of land and vendor stands ready, able, and willing and offers to perform on his part, a court of equity may ascertain the amount due complainant for principal and interest, and order and direct defendant, on or before a date fixed by the court, to perform the contract and may further decree, when prayed for in the bill of complaint, that, upon failure of defendant to perform, said lands be sold at public outcry to satisfy said decree.

COUNSEL

R. A. Hendricks, of Miami, for plaintiffs in error.

Willard & Knight, of Miami, for defendants in error.

OPINION

MATHEWS C.

This suit seeks to require specific performance, on the part of purchaser, under contract for sale and conveyance of land and, upon failure to perform by a date to be named by the court, that complainant's vendor's lien be foreclosed by a sale of the property. Courts of equity may enforce such contracts. Morgan v. Eaton, 59 Fla. 562, 52 So. 305, 138 Am. St. Rep. 167; Edmons v. Gracy, 61 Fla. 593, 54 So. 899; McCaskill v. Dekle, 88 Fla. 285, 102 So. 252; Story's Equity (13th Ed.) § 717.

Complainants agreed to furnish abstracts showing good and marketable title to be conveyed, and defendant, the title being found good and marketable, agreed to buy and pay certain amounts in cash and secure the remaining purchase price to complainants by mortgage, payable in installments, upon the land. Complainants furnished abstracts of title, and thereafter, defendants having made no objection to title shown by the abstracts and having failed to make payment under the contract, complainants brought this suit alleging they are ready, able, and willing to convey to defendants and offering to do so, alleging also failure of defendants to perform, and praying that the defendants be required to perform, for an accounting, and, upon failure of defendants to perform, that the property be ordered sold, and for other relief.

The court below, among other things, found and decreed the amount due the complainants for principal and interest on the...