64 Fla. 339 | Fla. | 1912
(after stating the facts). — On the former appeal from an interlocutory order, it was held that the contract on which specific performance is prayed is upon its face a lease of land for a specific
The demurrer admits the allegations of the amended bill of complaint to the effect that the purchase price-agreed on for the conveyance of the land was $3,000.00- and that $1,000.00 of the amount was paid before the contract was executed. This fact gives to the complainants an equitable interest in the land and affords a controlling equity for enforcing a specific performance of the contract to convey, even though the contract time had expired by a few days, there being nothing to indi
The allegations as to the payment of a third of the real purchase price of the land do not seek to vary the terms of the written contract, since that feature of the transaction was not covered by the contract; and proof of the real purchase price and of the payment of a part thereof and the enforcement of right resulting therefrom, do not in any way vary the terms of the written contract.
If an equity appears from the allegations of the bill of complaint, defects, if any, in the prayer do not render the bill insufficient for appropriate relief.
Many of the allegations of the amended bill of complaint are prolix and contain statements of contemplated evidence rather than of ultimate facts. This is not good practice. A bill of complaint should contain a clear and direct statement of the ultimate facts upon which relief is sought, and should not contain mere statements of evidence.
The order appealed from is affirmed.