Cumbest v. Harris

363 So.2d 294 (1978)

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Nature of the Case

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Facts

Cumbest (P) and Harris (D) contracted for the sale and purchase of certain hi-fi equipment. The transaction was in effect a loan agreement with P having the right to repurchase the equipment on or before 5:00 p.m. Monday, June 7, 1976. When it came time for P to repay D, D deliberately evaded P. In desperation, P deposited the monies with D's landlord on the evening of June 7. P sued for specific performance on grounds that the equipment took several years to assemble. P testified that the parts of the system could not function alone, that many of the system parts could no longer be replaced, and that many of the parts that are replaceable take from 6 months to two years to assemble the parts. D put on no witnesses. The court did not rule in P's favor. P appealed.