Coogan v. Burley
R. E. Coogan and C. v. Baumgardner, Doing Business Under the Firm Name of Autogram Service, Appellants, v. M. Burley, Appellee
Opinion of the Court
Per Curiam.
In this case Bill was filed to enforce the specific performance of option under which the appellants claimed the right to purchase and to have conveyed to them from the appellee certain lands. There are thirteen (13)^ Assignments of Error, each of which is addressed to the findings of the Chancellor as obtained in the final decree.
It is not needful for us to say that we concur in each and every of the findings of the Chancellor. All the stated findings of the Chancellor were not essential to constitute the basis of the final decree which was entered.
The evidence is conflicting.
In an equity ease where the rights and equities as alleged depend upon the weight and probative force to be given and applied to conflicting testimony, the finding of the Chancellor on such testimony, and' the decree which he shall have entered, upon such findings, will not be disturbed on appeal, unless it is clearly shown to be wrong! Wimbish v. Douglas, et al, Fla., opinion filed July 12, 1926, 109 Sou. 306 , and cases there cited.
*901 In this case the essential findings of the Chancellor are supported by some substantial evidence and the decree should.be affirmed upon authority of the opinion in the case of Wimbish v. Douglas et al., supra, and cases there cited.
It is- so ordered..
Affirmed.
Brown, C. J., and Whitfield, Ellis, Terrell, Strum and Buford, J. J., concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.