Florida District Court of Appeal
321 So.2d 612 (1975)
The O’Rourkes and three other families (plaintiffs) purchased properties constructed by Howard Horton (defendant). When the homes were completed, plaintiffs took possession under leases pending removal of all title encumbrances. Horton assured plaintiffs that a federal tax lien encumbering the properties would be removed. On that assurance, plaintiffs improved the properties and continued renting them for 22 months. Despite his efforts, Horton was unable to clear title. He offered to continue renting the properties to plaintiffs or to return their earnest money deposits. Plaintiffs sued for specific performance and damages. After a nonjury trial, the court denied specific enforcement but awarded plaintiffs benefit-of-the-bargain damages equal to the difference between the properties’ market value and the unpaid contract price. Horton appealed.
Rule of Law
Holding and Reasoning (McNulty, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.