Burnham City Lumber Co. v. Rannie
Supreme Court of Florida
This#case was decided by Division B. Writ of error to the Circuit Court for Duval County. Statement. The plaintiff in error sued the defendant in error in the Circuit court of Duval County in an action at law to recover the sum of $50,000.00 alleged to have been fraudulently had and received by the defendant of the plaintiff as commissions on the purchase price of certain real estate. There are six counts in the declaration.
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This#case was decided by Division B. Writ of error to the Circuit Court for Duval County. Statement. The plaintiff in error sued the defendant in error in the Circuit court of Duval County in an action at law to recover the sum of $50,000.00 alleged to have been fraudulently had and received by the defendant of the plaintiff as commissions on the purchase price of certain real estate. There are six counts in the declaration. The last, a count for money had and received, and the fourth are abandoned. The first count is as follows: “Burnham City Lumber Company, a corporation created and…
1Opinion of the CourtHockek, J.
(After stating the facts.)—The plaintiff in error discusses first in his brief the fifth count of the declaration, the defendant in error follows that order, and we will do the same. It is first contended by the defendant in error that this count 'first assumes that the defendant Rannie was a real estate broker and was acting-in that capacity in his dealings with Turner, and that in the next paragraph this assumption is negatived by the allegation that during the negotiations defendant disclosed to said Turner the existence of an agreement in writing between the owners of. the land and Rannie…
2Cases cited14 opinions
- Murray v. . BeardNew York Court of Appeals · 1886
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Scholfield Gear & Pulley Co. v. ScholfieldSupreme Court of Connecticut · 1898
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- Henderson v. VincentSupreme Court of Alabama · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fisher v. GradySupreme Court of Florida · 1937
- Fulton v. Clewiston LimitedSupreme Court of Florida · 1930
- Hershey v. Keyes CompanyDistrict Court of Appeal of Florida · 1968
- Van Woy v. WillisSupreme Court of Florida · 1943
- Berg v. CapoDistrict Court of Appeal of Florida · 2007