Jackson Tom, Inc. v. Carlton, C-376
| Decision Date | 24 October 1961 |
| Docket Number | No. C-376,C-376 |
| Citation | 133 So.2d 752 |
| Parties | JACKSON TOM, INC., and Tomjax, Inc., Florida corporations, Appellants, v. B. H. CARLTON and Daisy Carlton, his wife Appellees. |
| Court | Florida District Court of Appeals |
Ragland, Kurz, Toole & Martin, Jacksonville, for appellants.
McCarthy, Adams & Foote, Jacksonville, for appellees.
Plaintiffs in the trial court have appealed from a judgment dismissing with prejudice their second amended complaint. Although the judgment recites no reason for the dismissal, the motion pursuant to which it was entered in based upon the single ground that the complaint fails to state a cause of action upon which relief can be granted. It is appellants' contention that the allegations of their complaint meet all the requirements of law entitling them to the declaratory relief prayed, and that the chancellor erred in holding to the contrary.
For the purpose of considering the sufficiency of the complaint to state a cause of action entitling the pleader to the relief prayed, it is axiomatic that all well pleaded allegations must be taken as true. 1 Upon this premise wel will examine the complaint for the purpose of determining the correctness of the chancellor's order.
From the complaint it appears that plaintiffs entered into a written agreement with defendants whereby the former were granted the option to purchase 695.70 acres of land at a price of $910.00 per acre. The option provides that upon the exercise thereof plaintiffs shall pay to defendants the remainder of the initial payment on the purchase price in the sum of $101,000.00, upon receipt of which defendants agreed to convey to plaintiffs the entire tract of land described in the agreement. The option further provides that upon delivery of the deed of conveyance, plaintiffs shall execute and deliver to defendants two purchase money mortgages, one encumbering that portion of the property lying on the easterly side of a designated railroad right-of-way, and the other mortgage encumbering the remainder of the property lying on the westerly side of the right-of-way. The mortgages shall secure payment of the balance of the purchase price evidenced by promissory notes to be executed and delivered simultaneously with the mortgages.
Plaintiffs exercised the option granted to them in the written agreement between the parties and completed payment of the initial purchase money installment as specified therein. Defendants, however, have refused to execute and deliver to plaintiffs the deed of conveyance covering the property which forms the subject of the agreement for the reason that a dispute has arisen between the parties as to the form of purchase money mortgages to be given as security for the unpaid purchase price, and what specific provisions shall be contained in the mortgages relating to payment, acceleration, interest, insurance, attorney's fees, partial releases, and application of prepayments on the mortgage indebtedness.
The complaint specifically alleges the points of difference which have arisen between the parties as to the items mentioned above. It is alleged that a proper interpretation of the option agreement will support plaintiffs' contention on the points of...
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...all facts well pleaded in the complaint, as well as all reasonable inferences arising from those facts. E.g., Jackson Tom, Inc. v. Carlton, Fla.App.1961, 133 So.2d 752. Perlmutter v. Beth David Hospital, 308 N.Y. 100, 123 N.E.2d 792 (1954), is the leading case on the subject of implied warr......
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Coral Ridge Golf Course, Inc. v. City of Fort Lauderdale, 70--966
...all facts well pleaded in the complaint, As well as all reasonable inferences arising from those facts. E.g., Jackson Tom, Inc. v. Carlton, Fla.App.1961, 133 So.2d 752.' (Emphasis 'In Rice v. White, Fla.App.1962, 147 So.2d 204, 207, it is likewise stated: 'Under our practice a motion to dis......
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Franklin v. Brown, E-268
...and the cause remanded for further proceedings. Reversed. STURGIS, Chief Judge, and RAWLS, J., concur. 1 Jackson Tom, Inc., et al. v. Carlton et al., (Fla.App.1961) 133 So.2d 752; 25 Fla.Jur., Pleadings, § 127, p. 283.2 Dade Enterprises, Inc., v. Wometco Theatres, Inc., 119 Fla. 70, 160 So.......
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M & E Land Co. v. Siegel, G-104
...upon the motion of the defendant.'5 Platt v. General Davelopment Corporation, 122 So.2d 48 (Fla.App.2d, 1960).6 Jackson Tom, Inc. v. Carlton, 133 So.2d 752 (Fla.App.1st, 1961).7 Florida Hotel and Restaurant Commission v. Marseilles Hotel Co., 84 So.2d 567 (Fla.1956).8 Barrett v. Pickard, 85......