So. Fla. Amusement Development Co. v. Blanton, (1928)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: TERRELL, J. —
Attorneys: Loftin, Stokes and Calkins, Attorneys for Plaintiff in Error;
McCaskill McCaskill, Attorneys for Defendant in Error.
Filed: May 09, 1928
Latest Update: Mar. 02, 2020
Summary: On June 10th, 1927, Hope Finance Corporation and South Miami Real Estate Company filed their petition in the County Judge's Court of Dade County, Florida, as authorized by Section 3536, Revised General Statutes of Florida, seeking to evict South Florida Amusement and Development Company from certain lands therein more specifically described. Responding to the summons issued from said petition South Florida Amusement and Development Company entered its plea denying the jurisdiction of the said co
Summary: On June 10th, 1927, Hope Finance Corporation and South Miami Real Estate Company filed their petition in the County Judge's Court of Dade County, Florida, as authorized by Section 3536, Revised General Statutes of Florida, seeking to evict South Florida Amusement and Development Company from certain lands therein more specifically described. Responding to the summons issued from said petition South Florida Amusement and Development Company entered its plea denying the jurisdiction of the said cou..
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I think that parties to a contract can determine their own relation whether it shall be landlord and tenant or vendor and vendee. That in this case they have by their contract under seal determined that relation to be landlord and tenant which upon the complete fulfillment of the terms imposed upon the lessee becomes that of vendor and vendee. The instrument becomes in that case a contract for the sales or conveyance of the land. I think the county
judge had jurisdiction to determine whether the instrument was a lease or a contract for the sale of lands. The term "Conditional Sale" is not applicable to this class of contract.
Source: CourtListener
