Barnhart Aircraft, Inc. v. Preston

THE COURT. —

In making an order of transfer to this court we were satisfied that the District Court of Appeal, Third Appellate District, properly reversed the judgment entered for the plaintiff, hut we were unable to agree with all of the reasons advanced by that court in support of its conclusion. The following portion of the opinion prepared by Mr. Justice Pullen, pro tempore, meets with our approval, and is therefore adopted as and for the decision of this court:

“This is an action on a contract, one count being for the breach thereof and the other for goods sold and delivered and for the…