Thacker v. Newton, (1929)
Court: Supreme Court of Florida
Number:
Visitors: 14
Judges: STRUM, J. —
Attorneys: Milton Pledger, for Appellant;
Pat Johnston, for Appellee.
Filed: Apr. 02, 1929
Latest Update: Mar. 02, 2020
Summary: This is an appeal from an order overruling a demurrer to a bill which had for its object the rescission of an executed contract of sale of real estate to be accomplished by cancelling a deed of conveyance of one tract of land made by the purchaser to the vendor as part consideration of the price to be paid for the land bought; the cancellation of the mortgage executed by the purchaser and the return to him of a promissory note which he owned and which he indorsed to the vendor as part of the pur
Summary: This is an appeal from an order overruling a demurrer to a bill which had for its object the rescission of an executed contract of sale of real estate to be accomplished by cancelling a deed of conveyance of one tract of land made by the purchaser to the vendor as part consideration of the price to be paid for the land bought; the cancellation of the mortgage executed by the purchaser and the return to him of a promissory note which he owned and which he indorsed to the vendor as part of the purc..
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I concur upon authority of the following: Morton v. Clark, 10 S.W. R. 796; Hunt v. Barker, 46 Atl. R. 46; 84 Am. St. Rep. 812; Curtley v. Security, etc., Society,
89 P. 180; Crane v. Ferrier, etc., 130 Pac. R. 429; Herman v. Hall, 41 S.W. R. 733; Parker v. Randolph, 4 Howard (Miss.) 435; 35 Am. Dec. 403; Black on Rescission and Cancellation (2nd Ed.), Sec. 420.
Source: CourtListener
