Palmer v. Edwards

Decision Date13 March 1951
Citation51 So.2d 495
PartiesPALMER v. EDWARDS et al.
CourtFlorida Supreme Court

Ralph W. Carson, Clearwater, for appellant.

McMullen & Goza, Clearwater, for appellees.

TERRELL, Justice.

In October 1947 appellees made a contract with appellant under which the latter agreed to construct a building on lands which appellee, Edwards, represented belonged to appellee, Florida Home Equipment Distributing Co., Inc., later changed to Modern Utilities, Inc., but which in fact belonged to appellee Edwards and his wife. Appellant performed the contract on his part, including certain extras or additions which were approved and accepted by Edwards February 15, 1948. Thereafter payments were made on the contract, the last of which was made in May 1948, leaving a balance due of $2400.00. The amended bill alleges that the defendants are insolvent.

In November 1948, Edwards and wife sold the property to appellee Fred F. Stoll for $9000.00, $4500.00 of which was paid in cash and the balance of $4500.00 in six months thereafter. Stoll took possession at once but the corporate defendant continued to occupy the building. When appellant learned of the sale to Stoll he instituted this suit by bill in equity to determine his rights under the contract and the agreement of sale. The defendants moved to dismiss the bill which was several times amended, the motion to dismiss was renewed each time but ultimately prevailed. This appeal is from the order dismissing the bill of complaint as amended.

The motion to dismiss was grounded on the theory that the mechanics lien law was plaintiff's remedy and having failed to comply with that he was not entitled to his asserted equitable lien. It is true that liens for labor performed and materials furnished for improvements upon real estate did not exist at common law and are now always allowed in equity, but the latter phase of this rule is not always applicable in this state.

The bill of complaint as amended prayed (1) that the court take jurisdiction of the cause and decree the rights and liabilities of the parties as authorized by Chapter 87, Florida Statutes of 1941, F.S.A., (2) that the sum of $2422.71, with interest from February 25, 1948, the amount due the plaintiff under the contract, be an equitable claim payable from the proceeds of the sale of the land and building, (3) that Fred F. Stoll be enjoined from paying the balance due under the agreement to defendant Ralph...

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16 cases
  • Crane Co. v. Fine, 37748
    • United States
    • Florida Supreme Court
    • April 2, 1969
    ...is limited to his statutory lien thereunder and is not entitled to seek an equitable lien, they are in direct conflict with Palmer v Edwards, Fla.1951, 51 So.2d 495; Green v. Putnam, Fla.1957, 93 So.2d 378; Tucker v. Prevatt Buildings, Inc., Fla.App.1st 1959, 116 So.2d 437, 438; and Dewing ......
  • Delduca v. United States Fidelity & Guaranty Company
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 1, 1966
    ...is borne in mind that such "liens for labor performed and material furnished * * * did not exist at common law * * *," Palmer v. Edwards, Fla., 1951, 51 So.2d 495, 496, that that "the right to the lien is not created by the contract but by operation of the statute upon the relationship into......
  • In Re Laketown Wharf Marketing Corporation, Bankruptcy No. 08-40692-LMK.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Northern District of Florida
    • June 7, 2010
    ...appropriate where the primary debtor has become insolvent. Jones v. Carpenter, 90 Fla. 407, 106 So. 127 (1925); Palmer v. Edwards, 51 So.2d 495 (Fla.1951); Tucker v. Prevatt Builders, Inc., 116 So.2d 437 (Fla. 1st DCA 1959). This court has stated that “insolvency of a defendant operates to ......
  • Armstrong v. Blackadar
    • United States
    • Florida District Court of Appeals
    • March 4, 1960
    ...to proceeding under the mechanics' lien law, but may proceed to establish an equitable lien on the property in question. Palmer v. Edwards, Fla.1951, 51 So.2d 495.' The case of Tremont Co. v. Paasche, Fla., 81 So.2d 489, 491, is quite similar to the instant case. In this case the court '(1)......
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