Vaughan's Seed Store v. Stringfellow
Supreme Court of Florida
This case was decided by Division B. Writ of Error to the Circuit Court for Alachua County! Statement. The defendant in error; who will be known elsewhere in this opinion as “the plaintiff,” sued the plaintiff in error in an action of assumpsit.
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This case was decided by Division B. Writ of Error to the Circuit Court for Alachua County! Statement. The defendant in error; who will be known elsewhere in this opinion as “the plaintiff,” sued the plaintiff in error in an action of assumpsit. The declaration contained the common counts and a special count, which is in part as follows: “For that whereas, on the first day of January, A. D. 1905, the plaintiff being' a truck farmer, operating at and in Alachua county, Florida, and the defendant corporation being a dealer in seeds, and offering and guaranteeing to furnish seeds for the growth…
1Opinion of the CourtParkhill, J.
(After stating the facts.) — The plaintiff J. D. Stringfellow, testified as-a witness in his own behalf. His counsel asked him this question: “Mr. Stringfellow, did you make any purchase about the first of January, 1905, from the defendant corporation?” The witness answered: “I gave an order, * * * I met Mr. McDowell, of the Vaughn Seed Store, -- — ” To this answer the defendant objected and moved to strike the same, because the answer assumed that W. S. McDowell was the agent of the Vaughn Seed Store, while the fact of such agency was put in issue by ithe pleadings. The objection was…
2Cases cited16 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Parker v. BondSupreme Court of Alabama · 1898
- McCallum v. DriggsSupreme Court of Florida · 1895
- Talladega Insurance v. PeacockSupreme Court of Alabama · 1880
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3Cited by28 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Twyman v. RoellSupreme Court of Florida · 1936
- Beefy Trail, Inc. v. Beefy King Int'lDistrict Court of Appeal of Florida · 1972
- Atlanta & St. Andrews Bay Railway Co. v. ThomasSupreme Court of Florida · 1910
- Williams v. StateSupreme Court of Florida · 1909
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