West Florida Land Co. v. Studebaker
Supreme Court of Florida
Appeal from the Circuit Court for Holmes county. STATELIEST. The action was for fraud and deceit in the sale of lands, brought in the Circuit Court by appellee against the appellant. .The declaration-alleged “that the defendants by their agent, í)r.
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Appeal from the Circuit Court for Holmes county. STATELIEST. The action was for fraud and deceit in the sale of lands, brought in the Circuit Court by appellee against the appellant. .The declaration-alleged “that the defendants by their agent, í)r. J. W. Chiles, did in the town of West Milton, Ohio, on the---day of May, A. X>. 1888, sell to plaintiff the following described lands, namely: the south-west quarter (S. W. ‡) section No. thirty-three (33), township live (o), north of range fourteen (14) west, containing one hundred and sixty (160) acres by government survey; said above described…
1Opinion of the Court
Liddon, J.:
The assignments of error which are argued, and a consideration of which seem necessary, are the first, third, sixth and eighth.
The first assignment of error is predicated upon the overruling of defendant’s demurrer to the declaration. The only argument against the declaration is, that it states a matter in which relief could only be obtained in a court of chancery. That misrepresentations of .the character stated in the declaration are actionable at law, is settled in this State by the case of Williams vs. McFadden, 23 Fla. 143, 1 South. Rep. 613. The *34allegations that the…
2Cases cited7 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Castle v. BullardSupreme Court of the United States · 1860
- Butler v. WatkinsSupreme Court of the United States · 1872
- Williams v. McFaddenSupreme Court of Florida · 1887
- Wheeler v. BaarsSupreme Court of Florida · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hines v. BrodeCalifornia Supreme Court · 1914
- Ramel v. Chasebrook Construction CompanyDistrict Court of Appeal of Florida · 1961
- Dupuis v. 79th Street Hotel, Inc.District Court of Appeal of Florida · 1970
- Nessim v. DeLoacheDistrict Court of Appeal of Florida · 1980
- Stackpole v. HancockSupreme Court of Florida · 1898
16 more not listed; retrieve them via the Exa API.