Public-domain · open source
OpenJurist

66 Fla. 432

Gaskins v. Byrd

Supreme Court of Florida

Decided December 2, 1913

Supreme Court of Florida · decided 1913-12-02

<p>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.</p> <p>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.</p>

Good law ✅— No negative treatment on recordhow we know

Decree affirmed · Decided 1913-12-02

How this case has been cited

Cited by 7 later decisions — most recently January 1972

7 state decisions

401913192019301940195019601970decided

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.

View the full empirical analysis of this case →

Whitfield, J.

¶1The appellants brought suit to enforce the specific performance of a contract for the sale of real estate. The court dismissed the bill of complaint.

¶2Applications 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.

¶3Contracts 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*434pared 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.

¶4There 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.
/66/fla/432 · .json · Public domain