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Gaskins v. Byrd

H. B. Gaskins v. Rella Byrd

Gaskins v. Byrd, 63 So. 824 (Fla. 1913)
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Court
Supreme Court of Florida · State Highest Courts
Decided
December 2, 1913
Judges
Cockrell, Hooker, Shackleford, Taylor, Whitfield
Citations
63 So. 82466 Fla. 432
Disposition
Decree affirmed.
Headnotes
1. Applications for the enforcement of specific performance of a contract for the sale of real estate are addressed to the sound judicial discretion of the chancellor. Such discretion is controlled by the provisions and principles of law and equity applicable to the particular facts-and circumstances; and unless it clearly appears that the chancellor has erred in his decree in refusing a specific performance, it will not be disturbed on appeal. 2. Contracts for the sale of real estate will not be specifically enforced where the particular facts and circumstances clearly show inequality of the contracting parties by reason of the inexperience and lack of information of one party with reference to the subject-matter as compared with the superior business qualities and information of the other party, resulting in a contract based on manifestly inadequate consideration the enforcement of which would be inequitable and unjust.
Summary
Appealed from Circuit Court of Calhoun County; D. J. Jones, 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 appellants brought suit to enforce the specific performance of a contract for the sale of real estate. The court dismissed the bill of complaint.

Applications for the enforcement of specific performance of a contract for the sale of real estate are addressed to the sound judicial discretion of the chancellor. Such discretion is controlled by the provisions and principles of law and equity applicable to the particular facts and circumstances; and unless it clearly appears that the chancellor has erred in his decree in refusing a specific performance, it will not be disturbed on appeal.

Contracts for the sale of real estate will not be specifically enforced where the particular facts and circumstances clearly show unequality of the contracting parties-by reason of the inexperience and lack of information of one party with reference to the subject-matter as com *434 pared with the superior business qualities and information of the other party, resulting in a contract based on manifestly inadequate consideration the enforcement of which would be inequitable and unjust.

There is ample evidence to sustain the action of the chancellor, in refusing specific performance of the contract, and the decree is affirmed.

Shackleford, C. J., and Taylor, Cockrell and- Hooker, J. J., concur.

How later courts describe this case

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

1917: 11920: 11924: 11927: 11928: 11932: 11939: 11972: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Rundel v. Gordon111 So. 386 (Fla. 1927)
  2. Murphy v. Hohne73 Fla. 803 (1917)
  3. R. E. L. McCaskill Co. v. Dekle102 So. 252 (Fla. 1924)
  4. White, Et Ux. v. Cohn188 So. 581 (Fla. 1939)
  5. Richardson v. Varn86 So. 503 (Fla. 1920)
  6. Delray Beach Whitehouse Apts., Inc. v. Hoffmann257 So. 2d 550 (Fla. 1972)

Most recent

  1. Delray Beach Whitehouse Apts., Inc. v. Hoffmann257 So. 2d 550 (Fla. 1972)
  2. White, Et Ux. v. Cohn188 So. 581 (Fla. 1939)
  3. Seaboard Air Line Railway Co. v. Dorsey149 So. 759 (Fla. 1932) · Dissent
  4. Dehuy v. Osborne118 So. 161 (Fla. 1928)
  5. Rundel v. Gordon111 So. 386 (Fla. 1927)
  6. R. E. L. McCaskill Co. v. Dekle102 So. 252 (Fla. 1924)

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.

Authorities cited 0

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