Stevens v. Ambler
Supreme Court of Florida
Writ of Error to the Circuit Court for Marion county. STATEMENT. The defendant in error on February 10, 1893, began an action of assumpsit against the plaintiffs in error in the Circuit Court of Marion county. . The declaration, filed March 27, 1893, alleged that the defendants, as copartners, on May 6, 1891, entered into a contract and. agreement with the plaintiff as follows: “We, the undersigned, Stevens, Graham &Co., hereby agree to and with Daniel G. Ambler to pay him…
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Writ of Error to the Circuit Court for Marion county. STATEMENT. The defendant in error on February 10, 1893, began an action of assumpsit against the plaintiffs in error in the Circuit Court of Marion county. . The declaration, filed March 27, 1893, alleged that the defendants, as copartners, on May 6, 1891, entered into a contract and. agreement with the plaintiff as follows: “We, the undersigned, Stevens, Graham &Co., hereby agree to and with Daniel G. Ambler to pay him or his assigns five thousand dollars, when said Ambler shall extend his railroad southerly to section 35, town. 14, range…
1Opinion of the Court
Carter, J.:
1. It is assigned as error that the referee erred in refusing defendants’ motion for a new trial. One ground of this motion was that the evidence was insufficient to-show that plaintiff performed his part of the contract *579sued upon. This agreement was unilateral and conditional, and in order to entitle plaintiff to a recovery thereon, it devolved upon him to prove that the conditions entitling him to payment of the money thereby contracted to be paid had been fully performed within the time specified there. It was held by this court in Martin vs. Pensacola and Georgia Railroad Co.,…
2Cases cited10 opinions
- City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1880
- Moran v. LezotteMichigan Supreme Court · 1884
- Martin v. Pensacola & Georgia RailroadSupreme Court of Florida · 1859
- Connecticut & Passumpsic Rivers Railroad v. BaxterSupreme Court of Vermont · 1860
- Persinger v. BevillSupreme Court of Florida · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Messer v. DekleSupreme Court of Florida · 1911