Roux v. Indian Lumber Co.

Upon a prior writ of error in this case it was held that the fourth plea to the plaintiff’s declaration there considered presented a good defense for the defendants, Milam and Drake, as against the plaintiff Roux, and that a demurrer that had been sustained to such plea should have been overruled. In consequence of the erroneous ruling on the demurrer, the first judgment was reversed. See Indian Lumber Co. v. Roux, 106 Fla. 77, 143 Sou. Rep. 142.. Upon remand of the cause the case was tried upon a stip ulation that the witnesses in the case, if sworn, would testify as follows:

“That the…