Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-07-10
URCHASERS OF FLORIDA LAND
UNLIKELY TO GET CASH BACK
jacksonville Court Ruling Affords Slight
ENCOURAGEMENT to Buyers to Get
Relief From Contracts

The collapse Of the Florida real
by many interesting developments
In some instances the purchasers
on the installment plan, Of lots
and acreage in the large develop
ments have formed organizations, the
purpose of which is to strive either
for return of their money paid In,
or else for reduction in the price
they contracted to pay for land; a
reduction which will bring this price
down to actual and present-day val
ues. Many suits at law have found
themselves into the courts and are
now in the process of litigation. But
the very recent ruling of Florida
Judge in Jacksonville sheds light on
how the compliments are likely to
fare. The case is significant because
it presents and settles points con-
tanned in scores of others. 1t affords
slight encoura cement to the man or
woman who still is keeping up pay
ments on Florida real estate SO cheer.
fully bargained for a few years ago,
or who. stopping his payments, is
seeking annulment of the contract
The meat of the ruling is that no
legal fraud was committed by a real
estate firm which made promises Of
improvements in good faith and later
was unable to fulfill them, The
weight of authority is that contracts
cannot be Cancelled on the ground of
fraud except for material misrepre-
sentation or concealment Of a present
fact. and failure to comply with prom
ises to be fulfilled do not constitute
such fraud.
A few days ago in Circuit Court in
Jacksonville Judge Daniel A. Simmons
handed down the ruling which fol
lows:
This is a bill of complaint brought
to cancel a contract for the purchase
Of real estate-more particularly, two
lots in San Jose Estates, i'll Duval
County, the contracts having been en-
tered into in August, 1925.
The bill of complaint is brought
by the vendee against the vendor. and
seeks a cancellation of the contracts
of sales and a return of the partial
payment made on account thereof.
Paragraph Is Cited.
COPIES Of the contract are attached
to the bill of complaint. They CON
tain numerous reservations for pipe
lines, etc. and the usual building re-
strictions; none of which reservations
and restrictions are in controversy.
And embodied in the contract is this
paragraph:
"'All statements and representa-
tons made by San Jose or its repre-
sentatives concerning said land and
sections are set forth in this contract
and none others will be binding on
San Jose
THE bill seeks cancellation on the
ground of fraud, the allegations of
fraud being lengthy. to the general
effect that before the contracts were
executed the respondent promised in
advertisements and otherwise. but not
directly and personally to the COM
plainaut, that it would make extern
sive improvements, and erect num-
Der Of public and private buildings in
San Jose Estates.
THE bill alleges that many lots
were sold and that an extensive build
ing and improvement project was
begun. The complaint is that much
of the building and improvement
promised was never begun, and that
much that was begun was never
finished
1T is alleged that this failure of
San Jose to complete the buildings
and public improvements promised in
the respondents advertisements con-
stituted legal fraud upon the COM
plainant. The bill does not allege
that these promises as to building or