George v. Drawdy
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Volusia County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtCockrell, J.
The declaration in this case consists of a special count upon breach of contract and the common counts. A demurrer to the declaration as a whole was overruled, and this constitutes the first assignment of error. To merit attention the demurrer should have been'confined to the special count. Gulf Lumber Co. v. Walsh, 49 Fla. 175, 38 South. Rep. 831.
Upon the tidal the evidence Was confined to a cause of action arising out of an alleged breach of contract; the plaintiff Drawdy contending that George absolutely de*304dined to carry out the contract, upon the pretense that he could not make good…
2Cases cited3 opinions
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Gulf Lumber Co. v. WalshSupreme Court of Florida · 1905
- Maxwell v. WillinghamSupreme Court of Georgia · 1897
3Cited by2 opinions
- Winfield v. TruittSupreme Court of Florida · 1916
- Bass v. O'BerrySupreme Court of Florida · 1910