Day v. Weacock Et Ux.

—This is a common law suit gro'wing out of the same transaction that was considered and ruled on by this Court in Day v. Weadock, 101 Fla. 333, 134 Sou. Rep. 525. In that case a decree in chancery denying rescission and cancellation of the land sales contract involved was affirmed.

The present action was a suit at law on the promissory note given by defendant in connection with the land sales contract sought to be rescinded and cancelled in the equity suit. The Circuit Judge held against a plea of res adjudicate interposed by defendant, and entered judgment in plaintiff’s favor on the note…