Morrison v. Thoelke

155 So. 2d 889 (1963)

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Morrison v. Thoelke

District Court of Appeal of Florida
155 So. 2d 889 (1963)

SC
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Facts

Charles and Yvonne Morrison (defendants) executed a contract to buy land from A.H. and Mattie Thoelke (plaintiffs) and mailed the contract to the Thoelkes. In turn, the Thoelkes executed the contract and mailed it back to the Morrisons. However, before the Morrisons received the executed contract, the Thoelkes called the Morrisons and repudiated their execution of the contract. Nonetheless, the Morrisons recorded the contract when they received it. The Thoelkes brought suit to quiet title and the Morrisons counter-claimed, seeking specific performance of the contract. The trial court ruled in favor of the Thoelkes on the basis of a finding that due to the Thoelkes’ repudiation, a contract had not been formed. The Morrisons appealed.

Rule of Law

Issue

Holding and Reasoning (Allen, C.J.)

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