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Chiles v. Straw

J. W. Chiles v. R. J. Straw

Chiles v. Straw, 62 So. 832 (Fla. 1913)
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Court
Supreme Court of Florida · State Highest Courts
Decided
June 25, 1913
Judges
Cockrell, Hocker, Shackleford, Taylor, Whitfield
Citations
62 So. 83266 Fla. 48
Disposition
Affirmed.
Headnotes
In a suit to enforce the specific performance of a contract to sell a stock of merchandise and a mercantile business in exchange for an orange grove, where the allegations aud prayers clearly indicate that the remedy at law is not adequate, a general demurrer to the bill of complaint is properly overruled.
Summary
Appealed from the Circuit Court of Polk County; F. A. Whitney, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Whitfield

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Whitfield, J.

The appellee brought suit to enforce the specific performance of a contract made for the sale of a stock of merchandise and a mercantile business in exchange or payment for an orange grove, there being mutal agreements as to assuming and discharging existing claims of creditors and as to transferring securities in accomplishing the transaction. An injunction was also prayed.

The allegations of the bill of complaint and the prayers clearly indicate that the remedy at law is not adequate, and without expressing an opinion as to the relief that should be granted if the allegations are duly proven, equity appears to be in the allegations, therefore, no error was committed in overruling a general demurrer to *49 the bill of complaint from which order this appeal was taken.

Affirmed.

Shackleford, O. J., and Taylor, Cockrell and Hocker, J. J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 119272026peak 1927 · 1

Relies on it most ⓘ

  1. Atlantic Coast Line Railroad v. City of Lakeland115 So. 669 (Fla. 1927)

Most recent

  1. Atlantic Coast Line Railroad v. City of Lakeland115 So. 669 (Fla. 1927)

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