Stokes v. Baars
Supreme Court of Florida
Writ of Error'to the Circuit Court for Santa Rosa county. Suit was commenced by Baars for the use of Knowles & Brent, assignees for the benefit of creditors, upon a contract by. Stokes to deliver, within reach ...of'Steamer, at Milton, 2,500 to 3,000 pieces sawn, timber of .certain quality and size, and at a fixed price per cubic foot. Timber to be inspected byE. R. Goulding, and in accordance with the rules of last season.
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Writ of Error'to the Circuit Court for Santa Rosa county. Suit was commenced by Baars for the use of Knowles & Brent, assignees for the benefit of creditors, upon a contract by. Stokes to deliver, within reach ...of'Steamer, at Milton, 2,500 to 3,000 pieces sawn, timber of .certain quality and size, and at a fixed price per cubic foot. Timber to be inspected byE. R. Goulding, and in accordance with the rules of last season. Delivering as fast as, water will, permit, and to be-completed not later than 15th. June, 1880. ; Payment cash on handling specifications. . The declaration avers-that on…
1Opinion of the Court
The Chief-Justice
delivered the opinion-of the court.
Was this contract entire or severable? We first examine the agreement and authorities cited by defendant in error. Parsons on the Law of Contract (3d Ed., Sec. 4, pp. 29, 30,) says: “ If the part .to be performed by one party consists of several distinct and separate items, ahd the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by-law, such a contract will generally be held to be severable.” This is illustrated by the case of Johnson vs. Johnson, 3 Bos. & Pull., 162, where plaintiff had…
2Cases cited6 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Smoot's CaseSupreme Court of the United States · 1873
- Sickels v. PattisonNew York Supreme Court · 1835
- Gardner v. . ClarkNew York Court of Appeals · 1860
- Russell v. NicollNew York Supreme Court · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Local No. 234 of United Ass'n of Journeymen & Apprentices of Plumbing & Pipefitting Industry of United States & Canada v. Henley & Beckwith, Inc.Supreme Court of Florida · 1953
- LOCAL NO. 234, ETC. v. Henley & Beckwith, Inc.Supreme Court of Florida · 1953
- Franks v. BowersSupreme Court of Florida · 2013
- City of Miami Beach v. KlingerDistrict Court of Appeal of Florida · 1965
- Wilderness Country Club v. GrovesDistrict Court of Appeal of Florida · 1984
10 more not listed; retrieve them via the Exa API.