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Rice v. Fore

Supreme Court of Florida, Division B
Sep 27, 1929
123 So. 858 (Fla. 1929)

Opinion

Opinion filed September 27, 1929.

An Appeal from the Circuit Court for Sumter County; J. C. B. Koonce, Judge.

R. A. Burford and McCollum Howell, for Appellants;

Hall Austin, for Appellee.


This is a suit for specific performance brought by the assignee of a half interest of the vendee joined by the administrator of the vendee's estate, the defendant being the vendor in the contract to sell real estate. An appeal was taken from a decree dismissing the bill on demurrer sustained.

The cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and decreed by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed for lack of proper parties complainant. See 36 Cyc. 764; 20 Enc. Pl. Pr. 422; Pomeroy's Specific Performance (3rd Ed.) Section 488.

Affirmed.

WHITFIELD, P. J., AND STRUM AND BUFORD, J. J., concur.

TERRELL, C. J., AND ELLIS AND BROWN, J. J., concur.


Summaries of

Rice v. Fore

Supreme Court of Florida, Division B
Sep 27, 1929
123 So. 858 (Fla. 1929)
Case details for

Rice v. Fore

Case Details

Full title:GEORGE E. RICE and M. R. PRINE, as Administrator of the Estate of J. W…

Court:Supreme Court of Florida, Division B

Date published: Sep 27, 1929

Citations

123 So. 858 (Fla. 1929)
123 So. 858