Venice Gardens of Venice, Inc. v. Venice Golf Ass'n

SHANNON, Acting Chief Judge.

This is an appeal by the defendant from an adverse judgment in a suit on a contract. The trial judge held that the plaintiff was ■entitled to recover $3,000.00, representing the unpaid balance due.

The defendant-appellant has raised four points on appeal. Finding merit in one of the points, we reverse, but express no opinion as to the other issues, which are rendered either moot or premature by this decision.

The contract sued upon was incorporated by reference into the complaint. Paragraph III of the complaint alleged:

“That by the terms of said agreement Defendant…