Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

W.L. PHILBRICK AND CHRISTINE J. PHILBRICK, HIS WIFE, SUBSTITUTED FOR W.L. PHILBRICK, INC., APPELLANTS, v. RONALD A. WEDEL AND DORIS N. WEDEL, HIS WIFE, APPELLEES.

PER CURIAM.

The final judgment of specific performance which is under review by this appeal is reversed upon a holding that there was never an enforceable contract entered into by the parties herein because: (a) the financing portion of the subject agreement was, in our view, entirely indefinite in its terms and was, therefore, not susceptible to a decree of specific performance, see e.g., Chaney v. Brown, 158 Fla. 489, 29 So.2d 209 (1947); Maloy v. Boyett, 53 Fla. 956, 43 So. 243, 245 (1907); Brown v. Dobry, 311 So.2d 159 (Fla. 2d DCA 1975), and (b) the plaintiff buyers, Ronald Wedel and Doris Wedel, in any event, never accepted the financing portion of the subject agreement, but made a counter proposal thereon, which was never acted upon by the defendant sellers W.L. Philbrick and Christine Philbrick. See e.g., Mehler v. Huston, 57 So.2d 836 (Fla. 1952); Bullock v. Harwick, 158 Fla. 834, 30 So.2d 539 (1947); Strong Trowbridge Co. v. H. Baars Co., 60 Fla. 253, 54 So. 92, 93-94 (1910); Brickell Townhouse, Inc. v. Hirschfield, 404 So.2d 153 (Fla. 3d DCA 1981); Mintzberg v. Golestaneh, 390 So.2d 759 (Fla. 3d DCA 1980). The cause is, accordingly, remanded to the trial court with directions to enter a judgment in this action for the defendant sellers, W.L. Philbrick and Christine Philbrick.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

PHILBRICK v. WEDEL
(Mar 30, 1982)