Walter v. Florida Savings Bank & Real Estate Exchange

The Chief-Justice delivered the opinion of the court.

Appellant sued defendant for damages on contract whereby it is alleged the defendant, agreed to deliver to plaintiff certain certificates of value. A part of the contract set out in one of the counts was in writing, embodied in a receipt for a part of the purchase price. Defendant pleaded to each count in the declaration that it did not promise as alleged, and also pleaded specially that the agreement sued on was *827not its contract but was the contract of one Huling, for whom it was acting as an agent, of which plaintiff had notice.

Plaintiff…