Wolfle v. Daugherty

• Decision Date: 07 November 1931
• Citation: 137 So. 717,103 Fla. 432
• Parties: WOLFLE v. DAUGHERTY.
• Court: Florida Supreme Court

137 So. 717

103 Fla. 432

WOLFLE v. DAUGHERTY.

Florida Supreme Court

November 7, 1931

En Banc.

Suit by R. H. Daugherty against C. C. Wolfle. From a final decree for the complainant, the defendant appeals.

Affirmed.

Syllabus by the Court.

SYLLABUS

Where a contract, signed by the owner of land and accepted by a proposed purchaser, is a mere option to purchase, described lands within a stated time on specified conditions and for a consideration that is appropriate to and has reference only to the option granted, and the vendee had not duly accepted the terms specified and duly offered to perform, the vendee would then have no equitable interest in the land and no right to an equitable remedy, whatever may be the vendee's remedy at law for a default or breach by the vendor.

Where a contract contains terms that are appropriate to a contract for the sale of land, i. e., provides that if the sale and purchase are accomplished, the initial payment of $1,000 shall become a part of the purchase money, and that upon the failure of the vendor to furnish abstracts of title showing a good merchantable title in the vendor, free and clear of any incumbrances of any kind, and upon the vendee's attorney rendering a written opinion showing that the title is not merchantable, the vendor then becomes obligated to return the initial payment, and that if the vendee does not duly accept and perform, the initial payment is forfeited to the vendor the latter not being in default, such contract is not a mere option to purchase, and in such case if the vendor be in default he should return the money that would have been a part of the purchase money if the contemplated sale had resulted; and the vendor being in default and not returning the initial payment as agreed, the vendee, not being in default, may obtain an equitable vendee's lien for the amount paid or he may at his election bring an action at law to recover the amount paid. Appeal from Circuit Court, Duval County; De Witt T. Gray, judge.

COUNSEL

Stanton Walker, of Jacksonville, for appellant.

Holland Rogers & Hazard, of Jacksonville, for appellee.

OPINION

WHITFIELD J.

This appeal is from a final decree adjudicating a vendee's lien in real estate.

The bill alleged that appellant vendor on April 18, 1927, entered into a written agreement, viz.:

'Jacksonville Florida, April, 1927.

'Received of R. H. Dougherty the sum of $1,000.00 for an option to purchase upon the following terms and conditions' described lands.

'The terms of purchase are as follows: The total purchase price is $21,000.00 Dollars, the sum of $1,000.00 is to be paid on what is known as the closing date hereinafter provided for, of which amount the above mentioned payment this date made is a part, and the balance of said consideration, towit: the sum of $15,000.00 is to be paid in three (3) equal amounts due one (1), two (2) and three (3) years after date, and to be secured by a purchase money mortgage, the same to bear interest at the rate of seven per cent. (7%) per annum, payable quarter-annually.

'This purchase money mortgage is to contain a provision whereby the Mortgagee will agree to the release upon the terms of said mortgage of any one of the seven (7) fifty foot lots covered by this agreement upon the payment of the sum of $2,500.00 which amount when paid, is to be applied as a credit on the total amount of the mortgage. It is understood that the Mortgagor shall have the right to request and secure such release or releases during the first year of the said mortgage at any time, but during the second or third years of said mortgage indebtedness, the right of the Mortgagor to call for such release or releases is conditioned on said request being made as of any interest payment date.

'The undersigned agrees to deliver complete abstracts of title covering all of the above described property, the same to show a good merchantable title in the undersigned, free and clear of any encumbrances of any kind. In case the attorney for the said R. H. Dougherty shall render a written opinion showing that the said title is not merchantable, then the undersigned agrees to immediately return the option money hereby receipted for. In case the title is found to be merchantable and the said R. H. Dougherty fails to complete this purchase by the time herein specified, the above mentioned amount hereby receipted for is to be retained by the undersigned as stipulated and liquidated damages on account of the failure of the said R. H. Dougherty to carry out said option. A period of thirty (30) days is to be allowed the said R. H. Dougherty after the delivery of

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