AMERICAN MANUFACTURING COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
A. H. MCLEOD & COMPANY, A CORPORATION, DEFENDANT IN ERROR

Fla. | 1919-07-26
Browne, C. J., and Whitfield, Ellis and West, J. J., concur.
78 Fla. 162 Florida Supreme Court (1919) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.

Per Curiam.

— The record in this cause having been considered by this court, and the foregoing opinion prepared under Chapter 7837, Acts of .1919, adopted by the court as its opinion, it is considered, ordered and adjudged by the court that the judgment herein bé and the same is hereby affirmed.

Browne, C. J., and Whitfield, Ellis and West, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Oneida Langley Blanton v. THE Cudahy Packing Co., 154 Fla. 872 (Fla. 1944)
    …cle but relies upon the judgment of the seller as to its suitableness or fitness for the purpose desired, there is an implied condition that the article is fit for the purpose to which it is to be used. We held in American Mfg. Co. v. McLeod & Co., 78 Fla. 162, 82 So. 802, where goods are sold by sample the law creates an implied warranty that the goods will at the least equal in quality the sample. If a breach of warranty exists, the vender is entitled to a return of the goods sold. We also held that a s…
  • Roux v. Indian Lumber Co., 119 Fla. 280 (Fla. 1935)
    …arties have gone to trial without raising the question of lack of joinder of issue on the replication by special rejoinder, the point is deemed waived. People's Nat. Bank v. Magruder, 77 Fla. 235, 81 Sou. Rep. 440; American Mfg. Co. v. McLeod & Co., 78 Fla. 162, 82 Sou. Rep. 802. Compare: Muller v. Ocala Foundry & Machine Works, 49 Fla. 189, 38 Sou. Rep. 64. The fourth plea of defendants Milam and Drake was one in confession and avoidance of plaintiff’s alleged cause of action. A plea in confession and av…

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