79 Fla. 406 | Fla. | 1920
Talley recovered' a judgment against Schofield for a repudiation of a contract to convey land, and Schofield took writ of error. The contract is as follows: .. . , ,
“Miami, Fla., 3/2/18.
“Received-of J. IT. Talley One Dollar in part payment balance clue on Lot 9, Block 108 A, South, City of Miami, Fla. —(Deeds to Lot 11 Block 7 Ocean Beach Sub. Contract on 2 lots in Beverly Addn. to Miami, Fla. & $999.00 cash). .
Major Schofield.”
By its terms the contract sufficiently gives the price and- terms and description of the property. .The price is deeds to a described lot of land, a contract on two lots of land in a stated addition to Miami, Florida, and $999-00 cash. The terms of payment are stated to be stated sum in cash, that is present payment in money on demand. The “deeds” and “contract” were likewise to be delivered on demand. This is the manifest import of the terms used'.
In view of the language used in the contract, it is not necessary to resort to parol evidence to ascertain the purchase price or the terms of a payment intended by the agreement. The contract furnishes sufficient means for locating the land; and the identity of the land described may be located in any proper way by the use of the description contained in the contract.
“The rule is that the contract or memorandum .must identify or point out a special tract of land' as within the minds of the parties, and intended to be conveyed. It must so describe the land'as it can be found, or located, or in other words, there must be such a description as can be applied to a particular piece of land as the subject of the contract. A detailed description is not necessary. Where the description shows that a
No material errors appearing in the record, the judgment is affirmed.