Nichols v. Yandre

THOMAS, J.:

We are asked to review two separate judgments; one in favor of the defendants Asher Peter and Florida Park Cemetery Company and the other in favor of the defendants E. W. Yandre and A. N. Goodwin, both entered upon demurrers to the amended declaration. The two sets of demurring defendants fall in slightly different categories as will be observed as we discuss the points in controversy.

The salient allegations of the amended declaration were that 21 March 1941 Asher Peter, president of Florida Park Cemetery Company, “undertook for and on behalf of. the said corporation to sell” the…