Merrill v. Barnes

• Decision Date: 07 November 1927
• Citation: 114 So. 527,94 Fla. 882
• Parties: MERRILL v. BARNES et al.
• Court: Florida Supreme Court

114 So. 527

94 Fla. 882

MERRILL v. BARNES et al.

Florida Supreme Court, Division B.

November 7, 1927

Suit by Henry C. Merrill against Carl P. Barnes and others for specific performance. From a decree of dismissal, complainant appeals.

Affirmed. Appeal from Circuit Court, Brevard County; J. J. Dickinson, Judge.

COUNSEL Kurtz & Reed, of Miami, and E. Wright Taylor, of Cocoa, for appellant.

David Peel, of Melbourne, for appellees.

OPINION

PER CURIAM.

Bill of complaint was filed seeking to enforce specific performance of a contract for the purchase and sale of real estate. Answer was filed alleging fraud in obtaining the contract. Testimony was taken before a master. The chancellor found in favor of defendants and dismissed the bill. Complainants appealed.

Applications to enforce specific performance of contracts for the sale of land are addressed to the sound judicial discretion of the chancellor, such discretion to be controlled by the principles of law and equity as applied to the facts and circumstances of the particular case, and when thus controlled his decision will not be disturbed on appeal unless clearly erroneous. Dixie Naval Stores Co. v. German-American Lumber Co., 76 Fla. 339, 79 So. 836; Chabot v. Winter Park Co., 34 Fla. 258, 15 So. 756, 43 Am. St. Rep. 192; Richardson v. Varn, 80 Fla. 517, 86 So. 503; Murphy v. Hohne, 73 Fla. 803, 74 So. 973, L. R. A. 1917F, 594, cited; Gautier v. Bradway, 87 Fla. 193, 99 So. 879.

Affirmed.

WHITFIELD, P.J., and TERRELL and BUFORD, JJ., concur.