Lee v. Melvin

Action by Lemmie Lee against M.L. Melvin and All Florida Surety Company, a corporation, on a performance bond contract. From a judgment of nonsuit, plaintiff appeals.

Affirmed. The plaintiff-appellant brought suit upon a performance bond contract and upon trial plaintiff suffered a nonsuit and thereupon entered his appeal. The nonsuit was provoked by a ruling adverse to the plaintiff and the appeal is based upon the law, as follows:

"59.05 Appeal from order of nonsuit

"When, because of any decision or ruling of the court on the trial of a cause, it becomes necessary for the plaintiff to suffer a…