Geo. W. Robinson & Co. v. Hyer Bros.
Supreme Court of Florida
Appeal from the Circuit Court for Escambia county. STATEMENT. William K. and Albert Hyer, as partners under the firm name of Hyer Brothers, sued George W. and Rex Robinson, as partners under the firm name of George W. Robinson & Co., and obtained a judgment.
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Appeal from the Circuit Court for Escambia county. STATEMENT. William K. and Albert Hyer, as partners under the firm name of Hyer Brothers, sued George W. and Rex Robinson, as partners under the firm name of George W. Robinson & Co., and obtained a judgment. The declaration as originally filed contained three common counts for money had and received by defendants for the use of the plaintiffs, for money paid by plaintiffs for defendants at their request, and for an •account stated between plaintiffs and defendants, and also a special count. By leave of the court, obtained at different times,…
1Opinion of the Court
Mabry, C. J.:
Before considering the assignments of error insisted on by counsel for appellants, a brief statement of the issues made by the pleadings is necessary. The first special count alleges substantially that plaintiffs had a contract to deliver lumber for resale in Europe, and in order to carry out their contract, made a contract with defendants for the latter to furnish lumber identical in specifications with the contract the former had to deliver lumber for resale in Europe, of which fact •defendants had knowledge; that afterwards defendants agreed with plaintiffs, for a…
2Cases cited16 opinions
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Hodges v. A. P. Fries & Co.Supreme Court of Florida · 1894
- Spann v. BaltzellSupreme Court of Florida · 1847
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Grupe v. GlickCalifornia Supreme Court · 1945
- Hopkins v. StateSupreme Court of Florida · 1906
- Lake v. Hancock ex rel. PayneSupreme Court of Florida · 1896
- L'Engle v. Scottish Union & National Fire InsuranceSupreme Court of Florida · 1904
- Charlotte Harbor & Northern Railway Co. v. BurwellSupreme Court of Florida · 1908
19 more not listed; retrieve them via the Exa API.