38 Fla. 71 | Fla. | 1896
The specific performance of a contract for the sale lands is not a matter of right in either party; but the right to such performance rests in the sound reasonable discretion of a court of equity. While equity does not regard time as of the essence of such contract unless it is so expressly stipulated, yet it will require of one who seeks the specific performance of such an agreement that he shall not' be guilty of unreasonable delay. While time may not be of the essence of the contract, the principle is well established that where one party to a contract is guilty of
Testing the complainant’s case by the application of the principles above stated to the facts thereof, it is-clear that he was not entitled to the relief prayed for in his bill of complaint. It is by no means clear, according to the terms of the original agreement between the parties, that time was not of the essence of such contract. The fact that defendants gave a bond to execute a deed upon the payment by the complainant of the different installments of purchase money according to agreement did not of itself make time of the essence of the transaction. But the terms of this bond, taken in connection with the parol agreement and negotiations of the parties, or such negotiations and agreements without. the bond, are probably sufficient to demonstrate that time was agreed upon by the parties as being essential. King vs. Ruckman, 20 N. J. Eq. 316, text 355. As the decision can be placed upon other grounds more satisfactory to the court, we will not definitely determine the question. While time perhaps may not have been of the essence of the original contract, it was clearly made so by the notice-given by defendants and the agreement between the parties, at the time of granting the extension by the-defendants for the payment of the installment of the principal of the purchase money which became due May 1st, 1882. The case, so far as notice after he was-in default is concerned, is stronger against the complainant than is necessary under the principles of law-applicable to such notice as above stated. Not only was the notice given him that the contract would be-
The complainant has also been guilty of such laches and negligence as should debar him of the remedy he seeks. He has not brought his suit within a reasonable time. There can be no general rule as to what constitutes a reasonable time for the bringing of such suits. Much dej)ends upon the circumstances of each particular case. Chabot vs. Winter Park Co., supra. Taking the main facts of the case into a hurried consideration, the reluctance of the defendants to sell to the complainant because of their opinion as to his inability to comply with his contract, and their desire to sell him cheaper land which he could more reasonably be expected to pay for; the agreement that payments should be promptly made; his repeated failures to pay installments as they became due, after notice making the time of their payment an essential part of the contract; the urgent persistency of the complainant in purchasing the higher priced land; the absurd nature
The decree of the Circuit Court is affirmed.