(DOWNLOAD) "Warren D. Hinchee Et Ux. v. Charles E. Fisher Et Ux." by Special Division A. Supreme Court of Florida * eBook PDF Kindle ePub Free
eBook details
- Title: Warren D. Hinchee Et Ux. v. Charles E. Fisher Et Ux.
- Author : Special Division A. Supreme Court of Florida
- Release Date : January 06, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
May 26, 1955, Charles E. Fisher and his wife, Renee R. Fisher, hereinafter called the Fishers, filed their amended complaint against Warren D. Hinchee and Jean P. Hinchee, his wife, hereinafter called the Hinchees. The complaint alleged that the Fishers in 1953 were the owners of a lease containing an option to purchase said real estate located in Hillsborough County, Florida and that at said time they, the said Fishers, were in a precarious financial condition and were having difficulty meeting the payments on the lease. It is alleged that the Hinchees, friends of the Fishers, suggested to the Fishers that they assign the lease to the Hinchees and that they would proceed to work out a refinancing of the entire property and, when such had been accomplished, would reconvey the same to the Fishers. The complaint then alleges the details of the transaction and of the events which took place in connection with the refinancing and further alleges that after the same was arranged and worked out, the Hinchees refused to reconvey the said property to the Fishers. The Fishers in the complaint admitted owing the Hinchees some $4,500 and alleged that "plaintiffs now stand ready, willing and able and do tender and offer to pay" such sum and any other amounts found to be due the Hinchees. Such sum of money, however, was not paid into the registry of the court as had been theretofore ordered by the trial judge in the same order he had entered allowing the amended complaint, the allegations of which we have narrated, to be filed. The case lay dormant in the trial court for about eight months and then on February 1, 1956, pursuant to a motion made by the defendants Hinchee, an order was entered by the trial court "that the motion to dismiss the amended complaint be and the same is hereby granted." The basis of the motion granted was the failure of the Fishers to pay into the registry of the court the sum of money which had been required by the trial judge in the previous order. It is pertinent to note that the trial court ordered the payment of said sum into the registry of the court within ten days and it was some eight months thereafter before the complaint was dismissed for the failure to do so.
 "Warren D. Hinchee Et Ux. v. Charles E. Fisher Et Ux." by Special Division A. Supreme Court of Florida * eBook PDF Kindle ePub Free){kind=link}