Matson v. Tip Top Grocery Company, Inc.

ADAMS, J.:,

Writ of error was issued to a final- judgment adverse to plaintiff after demurrer sustained to plaintiff’s declaration. The pertinent part of the declaration is:

“That on to-wit, the 18th day of March, 1940, and for a long time prior thereto the defendant owned and operated a certain store at 27 N. W. 5th Street, in the City of Miami, Dade County, Florida, wherein the said defendant offered for sale to the public groceries and other kinds of merchandise, and as a part of the said store also kept and maintained a certain lunch counter at which the said defendant served to the public…