Hannan v. Holz

• Decision Date: 20 June 1922
• Citation: 92 So. 874,84 Fla. 1
• Parties: HANNAN v. HOLZ et al.
• Court: Florida Supreme Court

92 So. 874

84 Fla. 1

HANNAN v. HOLZ et al.

Florida Supreme Court

June 20, 1922

Action by Thomas J. Hannan against L. G. Holz and others. From a judgment for defendants, plaintiff appeals.

Reversed.

Syllabus by the Court

SYLLABUS

Purchaser with notice that grantor had contracted to convey to another required to perform contract. 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.

Purchaser with notice of contract to convey to another may be required to specifically perform contract. Where H. agrees in writing under seal to convey land to M. for himself or as agent for others to be thereafter designated, and M. designates the person the represented in making the contract to purchase and H. and his wife executed a conveyance of the land and delivered it to another for delivery to the purchaser pursuant to the contract, but the grantors recalled the deed of conveyance executed for delivery pursuant to the contract and conveyed the land to O., who had full knowledge of the contract, upon appropriate proceedings O. may be required to convey the land to the party entitled to it under the contract.

Appeal from Circuit Court, Dade County; H. Pierre Branning, judge.

COUNSEL

Benson & Shipp, and Rose, Brown, Twyman & Scott, all of Miami, and Shipp & Kline, of Moultrie, Ga., for appellant.

Shutts & Bowen, of Miami, for appellees.

OPINION

WHITFIELD J.

It appears by the second amended bill herein:

'That on March 9, 1920, by a writing under seal, L. G. Holz agreed to sell and George E. Merrick agreed 'to buy for himself, or as agent for certain other parties to be hereafter designated,' described real estate, on stated terms and prices, $1,000 being paid on the purchase price; that on March 15, 1920, George E. Merrick and Thomas J. Hannan executed an instrument under seal in which it is stated that Merrick purchased the described property from Holz 'as agent for Thomas J.Hannan,' and that 'the said George E. Merrick by these presents does hereby certify and declare that on the 9th day of March, 1920, at the time of the execution and delivery of the above-mentioned agreement, he was the agent of one Thomas J. Hannan, and that he executed said agreement with the said L. G. Holz as the agent of and for the said Thomas J. Hannan, and he, the said George E. Merrick, does by these presents designate the said Thomas J. Hannan as the purchaser of the certain lands above described in accordance with said agreement executed March 9, 1920, as aforesaid.

'And the said Thomas J. Hannan does hereby join in these presents for the purpose of ratifying and confirming all the acts heretofore done by the said George E. Merrick as his agent and for the purpose of accepting, ratifying, and confirming all the terms of the said agreement executed between the said George E. Merrick and the said L. G. Holz on the said 9th day of March, A. D. 1920, as hereinbefore mentioned.'

The purchase was to be completed within 30 days by paying $14,000 and giving mortgage for $15,000. The Fidelity Bank & Trust Company of Miami, Fla., was designated as the place for the delivery of the deed.

It is alleged:

'That thereafter, about the 15th day of March, A. D. 1920, the said defendants, L. G. Holz and Frances A. Holz, executed a good and sufficient warranty deed of conveyance for the purpose of conveying the above-described property to the said George E. Merrick pursuant to the terms of the above-recited contract; that the said L. G. Holz delivered the said deed to one Frank J. Powers of the city of Miami, Fla., for delivery to said Merrick at such time as the transaction with the said George E. Merrick should be consummated in accordance with its terms; that thereafter, but within the period of time allowed by the terms of said contract for its performance by the said George E. Merrick or by such person or persons as he might designate, the said L. G. Holz, in the belief that he could obtain a greater purchase price from the said George E. Merrick for the said property, consulted a practicing attorney, one W. I. Evans, as to how he could obtain a greater purchase price for the above-described property from the said George E. Merrick or such person or persons as the said George E. Merrick might designate, and the said W. I. Evans did then and there advise the said L. G. Holz to represent unto the said George E. Merrick that his, the said L. G. Holz's, wife, would not sign the deed of conveyance to the above-described property, notwithstanding the fact that said W. I. Evans and the said L. G. Holz were acting thoroughly within the knowledge that both the said L. G. Holz and his wife, Frances A. Holz, the defendants, had theretofore executed a warranty deed of conveyance in proper form for the purpose of conveying the said property to the said George E. Merrick, and that the said deed of conveyance was in the possession of the said Frank J. Powers for delivery to the said George E. Merrick, and the said W. I. Evans did further advise the said L. G. Holz to represent unto the said George E. Merrick that if his wife, the said Frances A. Holz, were paid the sum of $5,000, in addition to the purchase price, as agreed upon by the terms of the contract, as hereinbefore set forth, then his, the said L. G. Holz's, wife would execute and deliver the said deed of conveyance; and the said defendant, L. G. Holz, acting upon the advice of said attorney W. I. Evans, did thereafter represent unto the said George E. Merrick that he was willing to perform his said agreement, but that his wife would not, and could not, perform the terms of said contract until such time as the said George E. Merrick would pay unto her, the said Frances A. Holz, the sum of $5,000 in addition to the purchase price as set forth in the said contract for the purchase of the hereinbefore described property, and did further represent that his wife, the said Frances A. Holz, would not execute a warranty deed of conveyance to the said property unless she received the sum of $5,000 from him, the said George E. Merrick, all of which false representations were made...