Grable v. Maroon, (1949)
Court: Supreme Court of Florida
Number:
Visitors: 3
Judges: SEBRING, Justice.
Attorneys: Patton Kanner, of Miami, for petitioners.
Hoffman, Kemper Johnson, of Miami, for respondents.
Filed: May 13, 1949
Latest Update: Mar. 02, 2020
Summary: Suit by Hogen L. Grable and Phyllis Grable against H.T. Maroon, a single man, for a declaratory decree with respect to rights under a 99 year lease. Defendant *Page 451 interposed a counterclaim for specific performance of an alleged oral agreement to cancel the lease. Hogen L. Grable and Phyllis Grable thereafter applied for a writ of certiorari to review an order denying their motion to dismiss the counterclaim. Writ granted quashing the order, and cause remanded with directions. The petitione
Summary: Suit by Hogen L. Grable and Phyllis Grable against H.T. Maroon, a single man, for a declaratory decree with respect to rights under a 99 year lease. Defendant *Page 451 interposed a counterclaim for specific performance of an alleged oral agreement to cancel the lease. Hogen L. Grable and Phyllis Grable thereafter applied for a writ of certiorari to review an order denying their motion to dismiss the counterclaim. Writ granted quashing the order, and cause remanded with directions. The petitioner..
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Although I am cognizant of the modern tendency toward permitting rescission by
oral agreement as set forth in 12 Am.Jur. 1012, Sec. 432, I observe that this authority recognizes the right to such rescission only in the absence of a statute prescribing a contrary rule. As pointed out by Mr. Justice Sebring, we have such a statute in Florida.
Source: CourtListener
