State Ex Rel. Mercantile Investment & Holding Co. v. Tedder

on rehearing

ADAMS, J.:

We denied prohibition here on March 24, 1942, and now we consider same on rehearing granted.

When this Court reverses a judgment it has the power to direct the entry of such judgment as may be proper in law. Section 4640, C.G.L. 1927. Garzo v. Brophy Const. Co., 66 Fla. 607, 64 So. 234.

When we reversed the judgment in this case, (147 Fla. 610, 3 So. 2nd 149) we were of the opinion that the planitiff had introduced evidence of services rendered hut had not produced evidence of the reasonable value of such service. Furthermore it appeared that the defendant’s plea of…