Legal Opinion

Livingston v. Anderson

Supreme Court of Florida

Decided June 15, 1892PublishedCited by 15 opinions

Appeal from Circuit Court for Duval county. STATEMENT. On the loth day of April, A. D. 1884, Thomas N. Anderson and C. O. Livingston signed articles of agreement under seal, by the terms of which Anderson covenanted and agreed to build for Livingston a brick building in the city of Jacksonville, according to the plans and specifications attached to the agreement, to do the work in a faithful and workmanlike manner, and to 1 ecome responsible for all labor and material…

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Appeal from Circuit Court for Duval county. STATEMENT. On the loth day of April, A. D. 1884, Thomas N. Anderson and C. O. Livingston signed articles of agreement under seal, by the terms of which Anderson covenanted and agreed to build for Livingston a brick building in the city of Jacksonville, according to the plans and specifications attached to the agreement, to do the work in a faithful and workmanlike manner, and to 1 ecome responsible for all labor and material necessary for the construction of said building. The work was to commence on or before the sixteenth day of April, A. D. 1884,…

1Opinion of the Court

Mabry, J.:

The first error assigned by appellant is the decision of the court sustaining the demurrer to his plea. The record shows that a replication was first filed to this plea, and subsequently, without regard to the replication. the demurrer was filed. No objection, it appears, was made to this course in the trial court, and no exception is based upon it here. We will consider the demurrer, as it is treated by the parties, as properly filed to the plea.

The suit is instituted upon articles of agreement, under seal, containing mutual covenants on the part *123of appellant and appellee. The…

2Cases cited8 opinions

  1. Dermott v. JonesSupreme Court of the United States · 1865
  2. Railroad Co. v. SmithSupreme Court of the United States · 1874
  3. Robinson v. HartridgeSupreme Court of Florida · 1869
  4. Livingston v. L'EngleSupreme Court of Florida · 1886
  5. Hooker v. JohnsonSupreme Court of Florida · 1860

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Hazen v. Cobb-Vaughan Motor Co.Supreme Court of Florida · 1928
  2. Knabb v. Reconstruction Finance CorporationSupreme Court of Florida · 1940
  3. Franklin Phosphate Co. v. International Harvester Co. of AmericaSupreme Court of Florida · 1911
  4. Frank Herman & Co. v. WilliamsSupreme Court of Florida · 1895
  5. South Florida Railroad v. WeeseSupreme Court of Florida · 1893

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