Milligan v. Keyser
Supreme Court of Florida
This case was decided by Division A. Writ of error to the Circuit Court for Santa Rosa County. STATEMENT. On February 1st, 1904, J. A. Milligan, S. B. Milligan and AY. F. Milligan, partners trading as Milligan Mill Company, brought an action ip the Circuit Court for Santa Rosa County against the defendants in error. Subsequently J. A. Milligan died', and the cause proceeded in the name of the plaintiffs in error as the surviving partners of the firm of Milligan Mill Company.
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This case was decided by Division A. Writ of error to the Circuit Court for Santa Rosa County. STATEMENT. On February 1st, 1904, J. A. Milligan, S. B. Milligan and AY. F. Milligan, partners trading as Milligan Mill Company, brought an action ip the Circuit Court for Santa Rosa County against the defendants in error. Subsequently J. A. Milligan died', and the cause proceeded in the name of the plaintiffs in error as the surviving partners of the firm of Milligan Mill Company. The declaration as amended contained many counts, with a statement of damages appended. The plaintiffs discontinued all…
1Opinion of the CourtWhitfield, J.
(after stating the facts) : A declaration in an action at law should allege distinctly every fact that is essential to the plaintffs’ right of action. South Florida Tel. Co. v. Maloney, 34 Fla. 338, 16 South. Rep. 280; Savannah, F. &. W. R. Co. v. Willett, 43 Fla. 311, 31 South, Rep. 246; Bennettt v. Herring, 1 Fla. 387.
Where an action is brought to recover damages for the breach of an executory contract containing mutual undertakings, and' those on the part of the plaintiffs are to be performed before the defendants are to perform their part, the declaration should allege a performance by…
2Cases cited11 opinions
- Thomson v. KyleSupreme Court of Florida · 1897
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- Ball v. DoudOregon Supreme Court · 1894
- First National Bank v. Savannah, Florida & Western Railway Co.Supreme Court of Florida · 1895
- Savannah, Florida & Western Railway Co. v. WillettSupreme Court of Florida · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hazen v. Cobb-Vaughan Motor Co.Supreme Court of Florida · 1928
- Woodrury v. Tampa Water Works Co.Supreme Court of Florida · 1909
- Hoopes v. CraneSupreme Court of Florida · 1908
- Ballas v. Lake Weir Light & Water Co.Supreme Court of Florida · 1930
- Warner v. GodingSupreme Court of Florida · 1926
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