Muller v. Ocala Foundry & Machine Works
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Marion County. STATEMENT. The defendant in error sued the plaintiff in error in the Circuit Court for Marion county in assumpsit, the counts being: for money payable, to-wit: $813.88, by the defendant to the plaintiff: for good* bargained and sold by the plaintiff to the defendant: for work done and materials furnished by the plain!iff for the defendant at his request : and for money found to be due…
Read the full summary
This case was decided by Division A. Writ of Error to the Circuit Court for Marion County. STATEMENT. The defendant in error sued the plaintiff in error in the Circuit Court for Marion county in assumpsit, the counts being: for money payable, to-wit: $813.88, by the defendant to the plaintiff: for good* bargained and sold by the plaintiff to the defendant: for work done and materials furnished by the plain!iff for the defendant at his request : and for money found to be due from the defendant to the plaintiff on accounts Stated between ihem, and 1he plaintiff claims $1,000.00. The bill of…
1Opinion of the Court
Whitfield, C. J.,
(after stating the facts.)
It is contended that the court erred in sustaining a demurrer to a portion of the second plea as originally filed, and also in striking a portion of the same plea on motion. As the portion of the plea which was overruled on demurrer was made a part of the amended second plea, no harm was done in sustaining the. demurrer to the same. 6 Ency. Pl. & Pr., 359; Bacon v. Green, 36 Fla. 325, 18 South. Rep. 870; Parkhurst v. Stone, 36 Fla. 456, 18 South. Rep. 594. The transcript does not contain the portion of the second plea which was stricken on motion,…
2Cases cited13 opinions
- Bacon v. GreenSupreme Court of Florida · 1895
- Hodges v. A. P. Fries & Co.Supreme Court of Florida · 1894
- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
- Geo. W. Robinson & Co. v. Hyer Bros.Supreme Court of Florida · 1895
- Livingston v. L'EngleSupreme Court of Florida · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Franklin Phosphate Co. v. International Harvester Co. of AmericaSupreme Court of Florida · 1911
- Carroll v. GoreSupreme Court of Florida · 1932
- State v. Seaboard Air Line RailwaySupreme Court of Florida · 1908
- Griffing Bros. v. WinfieldSupreme Court of Florida · 1907
- Western Union Telegraph Co. v. MiltonSupreme Court of Florida · 1907
10 more not listed; retrieve them via the Exa API.