Williams v. Howard Cole & Co.

The relevant provisions of the contract of April 22, 1938, which concern us on this rehearing are set forth in extenso in the opinion in the first appearance of the case in this Court, reported Howard Cole Co., Inc., et al., v. Williams, et al., 27 So. (2) 352, and I will not re-write them here. The Court held that the bill was bad on the grounds: (1) F. H. Williams became a lessee pendente lite and, under that doctrine, was charged with full knowledge of the rights and interests of the litigants (including Baya) in this suit in the lower court; (2) under the terms of the contract referring…