Lack v. Robineau
| Decision Date | 07 November 1925 |
| Docket Number | No. 366.,366. |
| Citation | 9 F.2d 406 |
| Parties | LACK v. ROBINEAU et al. |
| Court | U.S. District Court — Southern District of Florida |
Axleroad & Ryer, of Miami, Fla., for complainant.
Twyman & McCarthy, of Miami, Fla., for defendants.
This cause comes on for a hearing upon the motions of defendants to dismiss the amended bill of complaint. The amended bill is brought against S. P. Robineau, as trustee and personally, the South Atlantic Realty Company, a corporation, Max Dubler, Joseph M. Gusky, and Walter L. Harris as defendants. Citizenship in the state of Florida is alleged as to Robineau and the South Atlantic Realty Company. Residence in Miami, Fla., only, is alleged as to Max Dubler, Joseph M. Gusky, and Walter L. Harris.
The amended bill sets out in hec verba the option executed by Robineau, as trustee to the South Atlantic Realty Company, of certain lands in Alachua county, Fla., as described in a certain deed, giving the date, parties, and page and book of the records of Alachua county. It then proceeds to allege that the South Atlantic Realty Company sold to complainant a one-half interest in this contract of option, and that the realty company refused to join in the bill and was therefore made a party defendant. There are also some general allegations as to the conduct of all the defendants, as well as allegations that complainant paid the realty company $5,000 in pursuance of his contract, which $5,000 was received by Robineau. There is also a general allegation that the defendants sold the real estate to the realty company. Upon these allegations the complainant prays for a specific performance by the defendants.
There is no allegation in the amended bill of complaint that the option was exercised by the realty company, or any one in its behalf. There is a general allegation that the complainant was ready, willing, and able at all times to comply with the contract. This is not tantamount to an allegation that the option was exercised within the time for which such option was given, for by the terms of the option "time" was of the essence of the contract, and must have been exercised, money paid, and papers delivered before noon of May 4, 1925. Yet nowhere in the bill is it alleged that this was done and the deed demanded, either by the realty company or the complainant in its behalf. This is necessary before the complainant would have any standing in a court of equity to ask for specific performance.
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Maldonado v. Allstate Ins. Co.
...or legal residence. See 20 Fla. Jur.2d Domicil & Residence § 6 (2000). Residency is not equivalent to citizenship, Lack v. Robineau, 9 F.2d 406, 407 (S.D.Fla.1925), and the relationship between one's national citizenship and one's residency is tenuous at best. The term "residency" has a var......
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Wyman v. Wyman, 208.
...established as of the time suit is brought. Realty Holding Co. v. Donaldson, 268 U.S. 398, 45 S.Ct. 521, 69 L.Ed. 1014; Lack v. Robineau et al., D. C., 9 F.2d 406, 407; Atchison, T. & S. F. Ry. Co. v. Frederickson, 9 Cir., 177 F. 206; Royalty Service Corp. v. Los Angeles, 9 Cir., 98 F.2d 55......
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Stenvall v. Wilson, 61-189
...of the option, or within a reasonable time after his notification, take affirmative action to bring about a closing. See Lack v. Robineau, D.C.S.D.Fla.1925, 9 F.2d 406; Martin v. Albee, 93 Fla. 941, 113 So. Affirmed. ...
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