158 Fla. 489 - Chaney v. Brown

How this case has been cited

Cited by 12 later decisions — most recently January 1985

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

ADAMS, J.:

¶1 Upon petition for certiorari under Rule 34 we review an order denying a motion to dismiss a bill seeking specific performance.

¶2 The question is whether the receipt, endorsement and cashing of the following check is a sufficient written contract to support a suit for specific performance of a contract to sell real estate:

“THE HILLSBOROUGH STATE BANK 63-98

Plant City, Fla. 2-29 1944 No.

PAY TO THE ORDER OF Mrs. Mary A. Chaney $100.00 One-hundred and xx/100....................DOLLARS

FOR cash payment on hbouse & lot, /s/ J. Martin Brown 701 So. Collins St. $900 bal. payable on possession”

¶3 Specific performance is an equitable remedy granted only in cases where the parties have actually entered into an agreement which is definite and certain in all its essential elements. There was no contract as shown by this bill. We grant certiorari and quash the order upon authority of Rhode v. Gallat, 70 Fla. 536, 70 So. 471; Whitson v. Owens, 94 Fla. 1201, *490115 So. 512; Florida Bank & Trust Co. v. Field, 157 Fla. 261, 25 So. (2nd) 663.

¶4 So ordered.

THOMAS, C. J., BUFORD and BARNS, JJ., concur.