Cases Adjudicated in the Supreme Court of Florida Volume 72

Cases Adjudicated in the Supreme Court of Florida Volume 72

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...of delay in delivery of crate material. or if there was any duty upon the defendant to deliver said crate material. the only loss incurred by the plaintiff was the market price of said tomatoes during the period of, to-wit: March 23rd, 1911, to March 29th. 1911, both inclusive, and that the plaintiff's damages, if any, would not exceed for that period the amount of carrier crates ordered out by him from Cummer Lumber Company to be delivered between the days of such period." Issue was joined upon these two pleas and the cause was submitted to a jury. which resulted in a verdict in favor of the plaintiff for the sum of $30,000.00, together with interest thereon at the rate of eight per cent. per annum from the 22nd day of September, 191 1. Whereup0n the following judgment was entered: "Thereupon it is considered, ordered and adjudged that the plaintiff T. J. Peters, do have and recover of and from the defendant Florida East Coast Railway, a corporation, the sum of $30,000 principal, together with $8,839.98 interest, and the costs of this cause amounting to $340.65, making a total of $39,180.63, and let execution issue therefor." This judgment the defendant has brought here for review and has assigned eighty-one errors, though all of them are not argued. As is stated by the defendant in its brief. "The scope of the pleadings upon which the case was submitted to the jury may be ascertained by reading the first and thirty-first counts of the declaration and the first and eighth pleas." While we have considered all of the assignments which have been urged before us, we shall confine our discussion to such of them as we think require treatment. Shutts, Smith 6' Bowen, Armstead Brown and W. A. Blount, for more

Product details

  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236857232
  • 9781236857231