Mizell v. Upchurch
Supreme Court of Florida
This case was decidecl by Division A. Writ of error to the Circuit Court for Duval county. Statement. The plaintiffs in error sued the defendant in error in the Circuit Court of Duval county in tort for damages for ■ deceit and misrepresentation as to the financial responsibility of one B. H. Powell, the declaration as amended being as follows : “State of Florida, .Duval County.
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This case was decidecl by Division A. Writ of error to the Circuit Court for Duval county. Statement. The plaintiffs in error sued the defendant in error in the Circuit Court of Duval county in tort for damages for ■ deceit and misrepresentation as to the financial responsibility of one B. H. Powell, the declaration as amended being as follows : “State of Florida, .Duval County. Jackson Mizell and William Mizell, partners doing business under the firm name and style of J. Mizell & Brother, by D. U. Fletcher and H. B. Philips, their attorneys, filing this their amended declaration by leave of…
1Opinion of the CourtTayuor, C. J.
(after stating the facts). — The court below erred in sustaining the defendant’s demurrer to the plaintiffs’ amended declaration, quoted in the foregoing-statement.
In the case of Byard v. Holmes, 34 N. J. L. 296, one of the leading American cases of the class under discussion, we find the following succinct statement of the law as to the pleading and proof to be made in such cases: “To *452maintain an action on the case for deceit, the plaintiff must allege, with reasonable certainty, and be prepared to prove (1) that the defendant made some representation to the plaintiff, meaning that he should…
2Cases cited4 opinions
- Wheeler v. BaarsSupreme Court of Florida · 1894
- Watson v. JonesSupreme Court of Florida · 1899
- Sims v. EilandMississippi Supreme Court · 1880
- Felix v. J. W. Shirey & Co.Missouri Court of Appeals · 1895
3Cited by10 opinions
- American International Land Corporation v. HannaSupreme Court of Florida · 1975
- Johnson v. DavisDistrict Court of Appeal of Florida · 1984
- Upchurch v. MizellSupreme Court of Florida · 1905
- Morris v. IngraffiaSupreme Court of Florida · 1944
- Hinson v. DrummondSupreme Court of Florida · 1929
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