Sullivan v. Lear
Supreme Court of Florida
Appeal from the Circuit Court for Escambia county. The declaration of the plaintiff, Lear, contains two-counts. The first count alleges that appellants’ testator, D. F. Sullivan, purchased in his lifetime from Lear- a certain franchise and wharf privileges, owned by the latter, and in consideration therefor agreed and promised to give Lear, who, at the time of the sale, and at the commencement of the suit, was a stevedore, the loading of one-third of all vessels consigned to…
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Appeal from the Circuit Court for Escambia county. The declaration of the plaintiff, Lear, contains two-counts. The first count alleges that appellants’ testator, D. F. Sullivan, purchased in his lifetime from Lear- a certain franchise and wharf privileges, owned by the latter, and in consideration therefor agreed and promised to give Lear, who, at the time of the sale, and at the commencement of the suit, was a stevedore, the loading of one-third of all vessels consigned to him, Sullivan; but that neither the said Sullivan, nor the defendants, who are the executor and executrix of his last…
1Opinion of the CourtJustice Raney
Where an article in question has a' market value, such value is usually taken as the actual value of such article. The proof of value is generally by the judgment or opinion of witnesses. Sutherland on Damages, vol. 2, p. 375. If the article has no market value its value may be shown by proof of such elements or facts affecting the question as *474may exist. Recourse may be had to the items of cost and its utility and use. The opinions of witnesses properly informed on the subject maj' be given in respect to its value. Ib. 378. Lafayette B. and M. R. R. Co. vs. Winslow, 66 Ill., 219 ; Wemple, et…
2Cases cited1 opinion
- Lafayette, Bloomington & Mississippi Railroad v. WinslowIllinois Supreme Court · 1872
3Cited by21 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Negron v. StateSupreme Court of Florida · 1974
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Jackson v. ParkerSupreme Court of Florida · 1943
- Mallard v. EwingSupreme Court of Florida · 1935
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