Judges: PER CURIAM. —
Attorneys: G. P. Garrett, for Appellant;
George M. Powell and V. C. Giblin, for Appellees.
Filed: Aug. 03, 1926
Latest Update: Mar. 02, 2020
Summary: A bill of complaint was filed by Toomer against C. L. Chancey and Bland Driggers, a co-partnership composed of W. A. Bland and J. H. Driggers. Demurrers were filed and sustained to the bill of complaint whereupon Toomer filed an amended bill of complaint in which he eliminated Bland Driggers as defendants and complained against C. L. Chancey, Gus C. Edwards and his wife, C. M. Edwards, and The Florida Beaches, a Florida corporation. The Miami Real Estate and Building Company, a corporation under
Summary: A bill of complaint was filed by Toomer against C. L. Chancey and Bland Driggers, a co-partnership composed of W. A. Bland and J. H. Driggers. Demurrers were filed and sustained to the bill of complaint whereupon Toomer filed an amended bill of complaint in which he eliminated Bland Driggers as defendants and complained against C. L. Chancey, Gus C. Edwards and his wife, C. M. Edwards, and The Florida Beaches, a Florida corporation. The Miami Real Estate and Building Company, a corporation under ..
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The contract required the owner "to furnish abstracts showinggood and sufficient title." The
abstracts furnished may not show defects in the title, but they do not affirmatively show that several instruments in the chain of title are in fact and in law so executed as to make them effective in showing good and sufficient title as required by the contract. The stipulations of the contract are not controlled by a course of practice that may be sometimes or even generally observed in making abstracts of title. If the stipulated abstracts are duly furnished and the required payment is not duly made, the seller has his remedy. It is not essential in stating an equity in the complaint to allege that complainant is ready, able and willing to comply with the contract, the defendant and not the complainant being in default.
Rehearing denied.
WHITFIELD, ELLIS, TERRELL, STRUM AND BUFORD, J. J., concur.
BROWN, C. J., not participating.
