Webber v. Johnston

We are satisfied with the conclusion and the major portion of the discussion found in the opinion of the learned District Court of Appeal and hereby adopt certain portions thereof as the basis for our conclusion herein:

“The complaint in this action contained five counts. Counts 3 and 5 were abandoned at the trial, and the defendant had judgment on counts 1, 2 and 4. From this judgment the plaintiff appeals. Count 2 is not pressed for our consideration upon this appeal, it being admitted that the verdict of the jury thereon is conclusive. The verdict of the jury upon count 4 appears to be…